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STATE OF COLORA DO <br /> MINED LAND RECLAMATION DIVISION <br /> Department of Natural Resources oy cod J� <br /> 1313 Sherman St, Room 215 <br /> Denver,CO 80203 <br /> y - 4 <br /> 303 866-3567 <br /> `ie76 <br /> FAX 303 832-8106 <br /> Roy Rome, <br /> Governo, <br /> Fred R Banta, <br /> DATE: January 22, 1990 Division D.rector <br /> TO: Mike Long and Fred Banta <br /> FROM: Bill Crick <br /> RE: Coal Basin Mines (C-81 -017), NOV' s C-90-001 and C-90-002 <br /> Mid-Continent Resources has requested, in writing, that the subject violations <br /> be vacated. Both violations were written in response to a Ten-Day Notice. <br /> The following is my recommendation. <br /> NOV C-90-001 <br /> This is a violation of Rule 4.05.13(1 ) (a) , which requires the operator to <br /> monitor ground water in a manner approved by the Division. Mid-Continent <br /> Resources is required to monitor 15 ground water stations for water level and <br /> water quality on a semi-annual schedule. In June, 1989 they were unable to <br /> collect a full sample from well GW-1 ; enouah water was collected to acquire <br /> field Darameters, but due to the bottle aettina stuck (described in the <br /> enclosed letter from Diane Delaney dated January 17, 1990) , a sample for <br /> laboratory analysis was not collected. A full sample was collected in late <br /> November of 1989. <br /> Paoe 4 of the same letter states that "Intervening factors bevond the <br /> reasonable control of Mid-Continent made it impossible to get sufficient water <br /> to sample for all parameters." However, the fact that the well was sampled in <br /> November indicates that circumstances were not beyond their control . It is <br /> the operator' s responsibility to sample all points completely, or at least to <br /> notify the Division of any difficulties. <br /> NOV C-90-002 <br /> This violation was issued as a result of erosion damage in a pad area adjacent <br /> to the prep plant. It is possible that some of the damaae did occur durina an <br /> intense summer thunderstorm this past July, as stated in Ms. Delaney' s <br /> letter. There was no off-site damaae as a result of the erosion. <br /> The problem was first recognized during an oversight inspection at the <br /> beginning of November, 1989. Following that inspection the operator treated <br /> the oullies with straw bales. As of the day the NOV Was written, the gully <br /> heads had not been stabilized, and the downcutting ditch was found that day as <br /> well . The area of this pad appears to have suffered from poor maintenance, <br /> leadina to issuance of the NOV. <br /> I do not recommend that either of the subject NOV's be vacated. <br /> /ern <br /> Enclosure(s) 3345F <br />