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2 <br /> -3- <br /> CO C-84-083 <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 end dumping of mine waste material at the underground waste <br /> disposal area near the rock tunnel development operation. This <br /> practice is contrary to the provisions of Mid-Continent Resources, <br /> Inc. , permit and mine plan (Volume IIB, IC, p. 38) . A Notice of <br /> Violation (NOV) for failure to follow the approved mine plan was <br /> issued. In addition, it was observed that a diversion ditch which was <br /> intended to intercept unaffected upland drainage and route it away from <br /> the disturbed area associated with the underground development waste <br /> was not in place during the time of the inspection. The lack of the <br /> diversion ditch was cited in the NOV, also as a failure to follow the <br /> approved mine plan and the failure to minimize disturbance to the <br /> hydrologic balance. The evidence presented during the conference <br /> consisting of oral testimony, photographs and slides support the <br /> conclusion that a violation occurred. The Director finds that the <br /> violation contained within Cessation Order C-84-083 occurred and the <br /> NOV is upheld. <br /> It was questioned by Mid-Continent whether a Cessation Order should <br /> have been issued for this violation. It was contended that, since all <br /> disturbance associated with the violation occurred within a drainage <br /> area which was protected by sediment control devices, no significant or <br /> imminent environmental harm was posed by the violation. This argument <br /> was rejected because the end dumping practice was in direct violation <br /> of the provisions of the permit and this practice was causing the <br /> uncontrolled migration of coal waste material on to undisturbed lands. <br /> Also, the failure to construct the upland water diversion ditch was <br /> responsible for the contamination of clean water with coal waste <br /> material and an ultimate discharge of poor quality water. The Director <br /> finds that the Cessation Order is to be retained. <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 />