Laserfiche WebLink
Larry P. Routten <br />December 19, 1993 <br />Page 2 <br />NOV C -93 -130 required Mid- Continent to conduct a rill and gully survey on the portal <br />bench downslopes of Mines 1, 2, 3, and 4 and to identify gullies deeper than 12 inches on a map <br />to be provided to Division. The NOV also requested Mid - Continent submit a "minor revision" <br />to Permit No. C -81 -017, outlining measures to repair existing gullies and minimize future <br />erosion of the downslopes. On October 4, 1993, the Division modified the NOV and requested <br />Mid - Continent submit a "technical revision" to the mine permit outlining measures to treat <br />surface runoff from the downslopes to reduce sediment in accordance with MLRB Rules 4.05.2 <br />and 4.05.5. The rill and gully survey was initially due on or before October 20, 1993. <br />However, an Extension of Time for Abatement Notice was issued by the Division to Mid - <br />Continent on October 20, 1993. The Notice extended the survey compliance date to November <br />19, 1993. Since mid - October climatic conditions at the mine sites have precluded timely <br />completion of survey. Our clients understanding with respect to gully repair and sediment <br />control was that such plans would be timely if received by December 19, 1993 given that <br />Division approval would be required prior to implementation of any such proposed plans. <br />To satisfy the conditions of the NOV and the modification, Mid - Continent is submitting <br />Attachment A, which contains a rill and gully survey developed from recent photographs of the <br />downslopes at Mines 1, 3, and 4 taken during the late Summer of 1993. Mine 2 does not have <br />steep downslopes prone to erosion. Development of the survey was hampered by heavy <br />snowfall, which commenced in the middle of October. Photographs provided as Attachment B <br />to this letter depict such .snows. Both photographs were taken on October 18, 1993. The top <br />photo shows Mine 5, which is the lowest in elevation of the five mines at the site. The bottom <br />photograph shows the downslope of Mine 4 in the distance, which, like Mines 1, 2, and 3, is <br />located at or above 10,000 feet in elevation. <br />Attachment A also provides Mid - Continent's proposal to install rock and gravel filter <br />berms be constructed at the toe of downslopes at Mines 2, 3, and 4. The filters will help keep <br />much of the sediment that may be subject to erosion from reaching a receiving water -body. In <br />addition, Mid - Continent proposes that immediately after mine portal reclamation, a contour ditch <br />be installed at the upper edge of the downslopes to help minimize water flow down such slopes. <br />Taken together, these actions represent best management practices at the sites and they <br />substantially comply with the terms of NOV C -93 -130, and the modification thereto. <br />Implementation of these actions is subject to final approval by the Division. <br />Finally, the Division is on notice that any actions undertaken at Coal Basin Mines is <br />subject to approval of the United States District Court in Bankruptcy for the District of Colorado <br />and the bankruptcy plan being developed for the purposes of In re Mid - Continent Resources. <br />Inc., Case No. 92 11658 PAC. Pursuant to these bankruptcy proceedings, it is anticipated that <br />a trustee will be appointed to oversee reclamation at the mine sites. For this reason, Mid - <br />Continent cannot guarantee whether or exactly when the measures outlined in this cover letter <br />and the attached submittal will be carried out. <br />