1992-07-22_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 7/22/1992
• Doc Name: Bid Documents ‎(IMP)‎ Proposed Decision & Findings
• Media Type: D
• Archive: No

Explanation of Findings
Pursuant to Rule 2 .07.6(2) of the regulations of the Colorado Mined Land
Reclamation Board for Coal Mining, the Office of Mined Land Reclamation or the
Board must make a number of written findings prior to issuance of a permit.
Those findings are based on information provided to the Division by the
applicant that demonstrate the operation will remain in compliance with the
Colorado Surface Coal Mining and Reclamation Act and regulations promulgated
pursuant to the Act.
This Findings Document is organized to follow the format of previous findings
which lists the major disciplines reviewed . Since this revision deals only
with the repair and maintenance of the extensive haul road system at the mine
t"ere are few changes to the overall document.
I . Legal , Financial , and Compliance Information - Rule 2 .03
This revision was submitted in response to a series of violations issued to
Mid-Continent Resources in the summer and fall of 1991 . The violations were
issued in general for failure to maintain the haul road system to properly
convey flow, prevent erosion and sedimentation, and for failure to follow the
approved plan . As part of the abatement, Mid-Continent was required to submit
a comprehensive maintenance and repair plan to the Division . The resultant
revision (PR-03) is the subject of these findings .
In addition to this there has been considerable activity with respect to the
compliance , financial and legal aspects of the mine.
Compliance Information
On July 17 , 1992 the Division issued an Order to Show Cause Why Permit Should
Not Be Suspended or Revoked . The Show Cause Order was issued because there
was sufficient evidence to determine that a Pattern of Violations existed in
accordance with Rule 5.05.5. More specifically, between the period of
February, 1989 and January, 1990, six violations and one cessation order were
found at the Coal Basin Mine. Six of the seven enforcement actions were
written for the same or related requirements of the Act. Specifically,
Cessation Order C-89-019 and Notices of Violation (NOV) C-89-003 , C-89-013,
C-89-017 , C-90-001 and C-90-002 were issued for hydrologic concerns . Two of
these enforcement actions were taken for activities that directly impacted
water quality on Coal Creek and the Crystal River.
A review of these enforcement actions indicate that there was sufficient cause
to find a pattern of violations for the following reasons :
1 . The number of violations cited on more than one occasion of the
same or related requirements of the Act , the Rules or the Permit,
and