_GENERAL DOCUMENTS - C1981017 (143)

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-19- NOV C-84-094 Mid-Continent Resources, Inc. I. FINDING OF VIOLATION During the May, 1984 inspection, Jim Herron, of the Mined Land Reclamation Division, observed that culvert had been installed in a non-approved location and that drainage from the haul road was bypassing an approved sediment control system Notice of Violation (NOV) C-84-094 was issued for failure to follow the approved mine plan. This is basically an administrative violation. The operator originally constructed the Arctic Circle sediment ponds in 1978 at the request of the MLRD to control sediment form the haul road system. It should be noted that sediment ponds are not required for runoff from haul roads. Later, however, the area near the Arctic Circle ponds was utilized as water truck fill-up area from the clean water pond nearby. The Arctic Circle ponds were then called for in order to control runoff associated with this disturbance. At that time, a culvert was placed across the haul road to divert the haul road drainage away from the Arctic Circle ponds. That culvert was plugged by the runoff events which occurred prior to the week of the inspection. The excessive amount of runoff coming down the haul road overwhelmed the Arctic Circle ponds. A diversion ditch around the Arctic Circle ponds was cut in order to prevent a pond wash-out. At the time of the inspection, the unauthorized, plugged culvert and the diversion around the sediment ponds was observed. It appears that the diversion around the Arctic Circle ponds was necessitated as an emergency abatement action by the operator. However, based on oral testimony, written records, slides and photographs, the Director finds that violation for failure to follow the approved mine plan occurred, and NOV C-84-094 is upheld. II. PENALTY ASSESSMENT A. History: Based on the fact that one violation was issued against Mid-Continent Coal Resources within the twelve months prior to this NOV, s50.00 is assessed.