1989-12-21_GENERAL DOCUMENTS - C1981017

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r IC BOARD ORDER IN THE MATTER OF: ) Findings of Fact, Appeal of Cessation Order ) Conclusions of Law C-89-019 Issued to Coal Basin Mines, ) and Board Order Permit C-81-017 ) This matter was presented in a formal public hearing, after proper notice before the Colorado Mined Land Reclamation Board ("Board") on November 15, 1988 in Room 220 of the Centennial Building, 1313 Sherman Street, Denver, Colorado. The Board conducted a hearing for the appeal of Cessation Order C-89-019 issued to Mid-Continent Resources, Inc. for the Coal Basin Mines. Board members present were Dennis Donald, Chris Jouflas, James Cooley and Catherine Kraeger-Rovey. Catherine Kroeger-Rovey excused herself from the hearing. The hearing was held in accordance with C.R.S. 34-33-124(l ) and Rule 5.03.5. A taped transcript was made of the hearing. Pursuant to the authority vested in the Board by C.R.S. 34-33-124(2) and Rule 5.02.5, the Board hereby makes the following Findings of Fact, Conclusions of Law, and Board Order. FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following findings of fact: 1 . Mid-Continent Resources, Inc. owns and operates a surface coal mine known as the Coal Basin Mines. The mine is located in portions of Townships 9, 10, and 11 South, Ranges 89 and 90 West, the 6th Prime Meridian, in Pitkin and Gunnison Counties, Colorado. 2. During the period from June 29, 1989 to July 1 , 1989, the Division conducted a partial inspection of the Coal Basin Mines. On June 29, 1989. Cessation Order C-89-019 was issued for "failure to maintain appropriate sediment control measures to prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area." The cessation order was issued in regard to "the system of 3 ponds that receives and treats water from the mine tunnel and discharges at NPDES Point 016." The cessation order required that discharge from the mine tunnel pond system at NPDES Point 016" be ceased immediately. The required abatement was to "place the upper pond of the series in proper operating condition and provide appropriate engineering certification that the pond conforms to approved design parameters." The time for abatement was set "as soon as possible but before discharges from the pond system resume." The abatement occurred on July 29, 1989 and extraordinary measures were taken by Mid-Continent to abate the violation in the shortest time possible. 3. On July 14, 1989, the Division issued a proposed civil penalty in the amount of $5,100. The proposed penalty was calculated by assessing $50.00 for a history of one previous violation that had completed administrative review during the preceding year, $1750 for seriousness, $750 for fault, and two separate days of violation, i .e. June 28 and June 29, 1989.