Laserfiche WebLink
SENT BY: 1-21-97 : 12:57 0 5 M- 1 303 2410336:# 5/13 <br /> DMG had filed a personal liability suit against the operator to recover <br /> funds. The suit was subsequently dismissed. DMG has appealed a narrow <br /> issue of the suit, however, no ruling has been made to date. Other <br /> than the bankruptcy plan, there are no other sources of funds. <br /> There are two projects proposed to be undertaken by Colorado with <br /> monies derived from civil penalty funds provided by OSM. These <br /> projects are (1) reclamation and remediatxon of a portion of the Old <br /> Refuse Pile, and (2) construction of a stream channel to replace the <br /> existing Dutch Creek Flume. Both project areas are within the mine <br /> permit area, and both have been affected by mining operations <br /> subsequent to August 3, 1977. Each project is located within lands <br /> which the U.S. Forest Service is negotiating to purchase. Anticipated <br /> public use of these areas is high. <br /> old Refuse Pile Project <br /> The western portion of the Old Refuse Pile is perched atop a cliff <br /> which immediately overlies Dutch Creek. The upper twenty five to <br /> thirty feet of the cliff consists of alluvialjcolluvial material, and <br /> is experiencing significant oversteepening. The cliff angle approaches <br /> and, in places, exceeds ninety degrees. Failure of the upper portion <br /> of the cliff face continues as the cliff tries to reach equilibrium. <br /> As this process continues, the cliff retreats toward the old Refuse <br /> Pile. The toe of the coal refuse is approximately twenty to thirty <br /> feet away from the cliff edge. Eventually, the upper portion of the <br /> cliff will fail, causing some portion of the Old Refuse Pile to slide <br /> into Dutch Creek. Dependant upon stream flow at the time of failure, <br /> the refuse material will either by washed downstream into the Crystal <br /> River, or a blockage of Dutch Creek will occur. Dependent upon the <br /> characteristics of the blockage, a catastrophic failure of the blockage <br /> could occur, resulting in a threat to human health and safety, as well <br /> as to environmental degradation- <br /> Removal of a portion of the old Refuse Pile and underlying material <br /> adjacent to the area of potential failure will minimize the possibility <br /> of a catastrophic failure occurring. The estimated cost of <br /> accomplishing this remedial work is $125,000. <br /> Dutch Creek Diversion Project <br /> Dutch Creek is transported across coal processing waste material <br /> adjacent to a portion of the old Refuse Pile, near the eastern margin <br /> of the facilities area, via a concrete flume. At the down stream end <br /> of the flume, Dutch Creek cascades over an estimated forty five feet <br /> high foundation to its confluence with Coal Creek. <br /> In its current condition, Dutch Creek presents a number of public <br /> health and safety as well as environmental concerns. In its present <br /> condition, the flume is highly accessible to the general public, A <br /> fall from the forty five feet tall end foundation would probably be <br /> fatal. Further, there is a potential for failure of either the base <br /> of the flume or of the and foundation. Failure of the base of the <br /> flume may be caused by abrasion due to the large volume of rock <br /> transported by Dutch Creek annually. Once large portions of the flume <br />