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IT <br /> ^5- <br /> Cessation Order C-84-084 <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 snowmelt water was flowing down the Mine No. 2 mantrip <br /> conveyor and pad area and off the bench into a clean water diversion <br /> ditch on the south side of the Mine No. 2 bin pad. In addition, water <br /> from the Mine No. 2 bin pad was observed to be draining into the same <br /> clean water diversion ditch. <br /> The water in this clean water diversion ditch passed beneath the main <br /> haul road alongside the bin pad, through a culvert, and was discharged <br /> downslope without benefit of any sediment control . A Notice of <br /> Violation (NOV) for failure to follow the mine plan and failure to <br /> minimize disturbance to the hydrologic balance was issued. Oral <br /> testimony, slides, and photographs presented during the conference <br /> support the finding of violation. The Director finds that the NOV <br /> violation contained within the Cessation Order C-84-084 is to be upheld. <br /> Mid-Continent questioned whether a Cessation Order was warranted for <br /> this violation. They contended that no significant or imminent <br /> environmental harm resulted from the untreated discharge. The nearest <br /> perennial receiving stream is Dutch Creek which is nearly one mile away <br /> from this discharge. Nevertheless, a significant amount (between 20 <br /> and 80 gallons per minute) of untreated water was leaving an affected <br /> mine facilities area. Sediment-laden water was causing visible erosion <br /> and deposits of coal waste were contaminating topsoil because this <br /> water was flowing overland. Ultimately, this water drained to Dutch <br /> Creek without having been treated by a sediment control system. <br /> Because a significant quantity of poor quality water was being <br /> improperly discharged, the Director finds that the Cessation Order was <br /> warranted and is upheld. <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 12 months prior to this <br /> Cessation Order, $50.00 is assessed. <br />