_ENFORCEMENT - C1981017 ‎(2)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ CV-90-014
• Violation No.: C-90-014
• Media Type: D
• Archive: No

Rationale for Settlement Agreement
NOV C-90-014
Coal Basin Mines
Mid-Continent Resources
July 26, 1990
NOV C-90-014 was written for "failure to maintain haul road culvert to prevent
erosion . .." This NOV referred to a culvert installed under a haul road and
directed haul road drainage through the site. The culvert had experienced
abrasion through normal action of sediment moving through it and had therefore
developed a hole on the underside near the outslope end. This leak in turn
caused erosion under and immediately adjacent to the culvert. The operator
questioned the proper issuance of the NOV based on an opinion that problems of
the culvert were to be corrected during routine summer maintenance. They
asserted that they had not been allowed an appropriate opportunity for
maintenance prior to issuance of the NOV. The Division can only allow an
opportunity for maintenance in cases where no environmental damage has
occurred. In the case of culvert D-2 environmental damage in the form of
embankment erosion had occurred at the time of the May 17 , 1990 inspection.
Therefore, the NOV was properly issued.
Abatement activities for the NOV involved removal of the culvert drop
structure, lining the outlet 7 feet of the culvert to seal the leak and armor
the culvert, installation of 4x8's with roof bolts in eroded slope section
beneath the culvert, backfilling of eroded slope, and placement of a new
culvert drop structure. These activities entailed considerable time and
talent on the part of the operator. All abatement activities were completed
by June 15, 1990, less than 30 days after NOV issuance and within the
prescribed abatement period.
Conditions which lead to issuance of NOV C-90-015 and which are now combined
as part of NOV C-90-014 were as follows. The diversion culvert conveying
drainage from above Mine #1 , Pad 1 had been damaged during snow removal and
avalanche abatement operations. This damage occurred at two separate
locations along the length of the culvert and resulted in mixing of haul road
drainage with undisturbed drainage and erosion of the embankment outslope.
Again waiver of issuance of an NOV in deference to an opportunity to conduct
maintenance is inappropriate since environmental damage aid occur. In
addition the inlet and outlet of the culvert draining pad 4 were crushed and
conceivably would have experienced difficulty passing the required flows.
Both of these conditions were abated by June 13, 1990 by replacement of the
section ruptured by the snowplow, sealing the leak caused by deflection of the
culvert drop structure by avalanche action with brattice cloth, screening, and
grout. Repair of erosion caused by leaking with straw and fill , and reopening
of•crushed culvert ends .
Based on the above facts I propose the following penalty:
History = $500.00
Seriousness = 500.00
Fault = 250.00
Good Faith = -250.00
TOTAL S] ,UUQ.U0
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