_ENFORCEMENT - C1981017 ‎(5)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ TDN X-90-02-370-001- TV2
• Media Type: D
• Archive: No

ENT'rOF-ryF TAIL
oP �4y� United States Department of the Interior �'"u►�
OFFICE OF SURFACE MINING
ter, RECLAMATION AND ENFORCEMENT ■
ti 3,sq SUITE 310
625 SILVER AVENUE, S.W.
ALBUQUERQUE, NEW MEXICO 87102 In Reply Rrfei To
December 6, 1990
CERTIFIED MAIL-RETURN RCEIPT REQUESTED
P 965 799 348
6
Mr. Dan Mathews, Acting Coal Program Supervisor
Mined Land Reclamation Division
Department of Natural Resources
215 Centennial Building
1313 Sherman Street
Denver, CO 80203
Re: Colorado Mined Land Reclamation Division's (MLRD) Response to Ten-
Day Notice (TDN) 90-02-370-001, TV2, Coal Basin Mine C-81-017
Dear Mr. Matthews:
The Albuquerque Field Office (AFO) of the Office of Surface Mining
Reclamation and Enforcement (OSM) issued the above-referenced TDN on
October 25, 1990. MLRD received the TDN on October 29, 1990. AFO
received the initial response on November 13, 1990, and the amended
response on November 29, 1990. AFO has reviewed MLRD's responses to
this TDN and renders the following finding in accordance with 30 CFR
842 . 11(b) (1) (ii) (B) (1) :
Violation 1 of 2
AFO agrees that this violation is a permit defect and has found MLRD's
response, as amended, to be appropriate. The amended response requires
the operator to submit the demonstration documentation within the 30-
day timeframe as established by Directive INE-35. The original 60-day
submittal timeframe requested by MLRD exceeded that of the Directive.
Violation 2 of 2
AFO does not disagree that the sampled discharge met the NPDES discharge
requirements for a precipitation event, .5 ml/1 settleable solids and
6 .0 to 9.0 pH. However, MLRD did not provide documentation to prove
that the effluent limits for a precipitation event were applicable. The
operator must provide documentation of snowmelt inflow % %, * in
accordance with term and condition number thirteen of the NPDES permit.
In either case, whether suspended solids or settleable solids apply, the
issue is that the discharge did not meet all of the requirements for
BTCA. Public Law 95-87 (P.L. 95-87) , the Federal regulations at
30 CFR 816.45(a) , and the CMLRD regulation cited on the TDN require
sediment control measures to be in compliance with all three parts of