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EXHt&T <br /> t <br /> CO C-84-082 <br /> Mid-Continent Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> On May 22, 1984, Jim Herron, of the Mined Land Reclamation Division, <br /> observed that construction of a coal blending system near the <br /> Mid-Continent coal preparation plant had begun without prior completion <br /> of a sediment control system for the disturbance associated with the <br /> blending facilities. Construction of the blending facilities was <br /> approved in a technical revision by the Mined Land Reclamation <br /> Division. The regulations require the establishment of a sediment <br /> control system prior to construction of facilities. While there were <br /> extenuating circumstances which prevented construction of the sediment <br /> system prior to all disturbance associated with the blending <br /> facilities, the system should have been in place at the time of the <br /> inspection or before construction of the footers for the conveyor belt <br /> was undertaken. The Director finds that the violation contained within <br /> the Cessation Order C-84-082 occurred. <br /> There is some question as to whether a cessation order should have been <br /> issued for this violation. The total disturbance associated with the <br /> construction of the blending facilities was 0. 11 acres. The pad for <br /> the blending station was blasted out of well-consolidated mancos <br /> shale. The area, even after construction activities had begun, <br /> resembles many other mancos shale outcrops in the immediate vicinity. <br /> It is unlikely that imminent or significant environmental harm would <br /> have resulted from Mid-Continent's failure to provide sediment <br /> control . Such imminent harm was not demonstrated by the Division in <br /> testimony. Even if a precipitation event had occurred, untreated <br /> sediments from this area would have minimal impact upon Coal Creek. <br /> Given this, the 01'rector modifies the Cessation Order to a Notice of <br /> Violation (NOV C-84-082) and upholds the NOV. <br /> II. PENALTY ASSESSMENT <br /> A. History: <br /> Based on the fact that one violation was issued against <br /> Mid-Continent Coal Resources within the twelve months prior to this <br /> NOV, $50.00 is assessed. <br /> a <br />