_GENERAL DOCUMENTS - C1981017 (143)

Home Browse Search

�xrr/3 I7- 2 Z -29- NOV C-84-103 Mid-Continent Resources, Inc. I. FINDING OF VIOLATION During the May, 1984 inspection, Jim Herron, of the Mined Land Reclamation Division, observed that there was a failure to salvage topsoil at the construction sites of three temporary sediment control ponds at the rock tunnel waste disposal area. The first temporary sediment control pond was constructed by the operator as an interim measure to control the migration of slurry and coal waste material onto undisturbed lands below the underground rock disposal pile. The area where this pond was constructed was scalped, but no further topsoil salvage was done prior to construction of the temporary pond embankment. Two other temporary sediment ponds were constructed by the operator under abatement orders given by the inspector for the Mined Land Reclamation Division. The inspector was present when the Environmental Coordinator for Mid-Continent Resources, Inc. instructed the equipment operator to salvage all topsoil down to rock. This pond was then constructed while the inspectors continued on with the inspection of other portions of the permit area. Upon returning to the underground rock disposal area where these temporary ponds were constructed, the MLRD inspector observed that an insufficient amount of topsoil had been salvaged during the construction of the pond embankment. Based upon discussions during the conference, it was found that a legitimate difference of opinion occurred in which the equipment operator believed he had salvaged adequate amounts of topsoil , the Environmental Coordinator believed that he had provided adequate instructions, and the MLRD inspector was properly disappointed in the amount of actual topsoil salvaged. Therefore, the Division finds that the violation should be modified so as to contain only the reference to the original temporary sediment control pond which was constructed by the operator before the inspection. The citations which should be vacated from the NOV are presented below: During construction of the two temporary sediment ponds at the rock tunnel waste disposal site, only a small portion of the topsoil was salvaged. The majority of the topsoil ended up in the embankments of the ponds. This topsoil must be salvaged once spring runoff ceases6. The Director finds that a violation occurred, and NOV 084-103, as modified above is upheld.