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OF COCO <br /> 0 DEPARTMENT OF NATURAL RESOURCES <br /> 1* * David H.Getches,Executive Director <br /> 76 * MINED LAND RECLAMATION DIVISION <br /> `1g� D"ID C.SHELTON, Director <br /> Richard D.Lamm <br /> Governor <br /> NOV C-84-082 <br /> Mid-Continent Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> On May 21 , 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. This approval was preconditioned upon the establishment of a <br /> sediment control system prior to construction of the blending <br /> facilities. While there were extenuating circumstances which prevented <br /> construction of the sediment system prior to all disturbance associated <br /> with the blending facilities, the system should have been in place at <br /> the time of the inspection or before construction of the footers for <br /> the conveyor belt was undertaken. I recommend that the violation <br /> contained within the Cessation Order C-84-082 be upheld. <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. I <br /> recommend that the Notice of Violation within the Cessation Order be <br /> upheld, while the Cessation Order be rescinded. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />