_GENERAL DOCUMENTS - C1981017 ‎(144)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

coz
p DEPARTMENT OF NATURAL RESOURCES
David H.Getches,Executive Director
MINED LAND RECLAMATION DIVISION
1876 DAVID C. SHELTON, Director
Richard D.Lamm
Governor
DATE: January 14, 1985
TO: Fred Banta
Davi-d-5helton
FROM: Davi
RE: Recommended Settlement of C-84-082; Mid-Continent Resources, Inc.
I. Finding of Violation
On May 21 , 1984, Jim Herron, of the Mine Land Reclamation Division,
observed that construction of a coal blending system near the
Mid-Continent coal preparation plant had begun without prior completion
of a sediment control system for the disturbance associated with the
blending facilities. Construction of the blending facilities was
approved in a technical revision by the Mined Land Reclamation
Division. This approval was preconditioned upon the establishment of a
j sediment control system prior to construction of the blending
{ a— facilities. While there were extenuating circumstances which prevented
construction of the sediment system prior to all disturbance associated
with the blending facilities, the system should have been in place at
the time of the inspection or before construction of the footers for
the conveyor belt was undertaken. I recommend that the violation
contained within the cessation order C-84-082 be upheld.
There is some question as to whether a cessation order should have been
issued for this violation. The total disturbance associated with the
construction of the blending facilities was 0. 11 acres. The pad for
the blending station was blasted out of well consolidated mancos
shale. The area, even after construction activities had begun,
resembles many other mancos shale outcrops in the i:ir,mediate vicinity.
i It is highly unlikely that imminent or significant environmental 'harm
would have resulted from Mid-Continents' failure to provide sediment
t1r ' ` control . Even if a precipitation event had occurred; untreated
r sediments from this area would have had a minimal impact upon Coal
W Creek. I recommend that the Notice of Violation within the Cessation
Order be upheld, while the cessation order is rescinded.
II . Penalty Assessment
A. History: Based on the fact that one violation was issued against
Mid-Continent Coal Resources within the 12 months prior to this
NOV, an assessment of $50.00 is recommended.
B. Seriousness: No actual damage occurred to natural resources as a
result of this violation. If damage had occurred it would
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