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Op CpCp� <br /> DEPARTMENT OF NATURAL RESOURCES <br /> * o * David H.Getches,Executive Director <br /> MINED LAND RECLAMATION DIVISION <br /> DAVID C. SHELTON, Director <br /> Richard D.Lamm <br /> Governor <br /> v <br /> January 23, 1985 <br /> MEMORANDUM <br /> TO: Fred Banta <br /> David Shelton <br /> FROM: David Holm <br /> RE: Recommended Settlement of NOV C-84-090 <br /> Mid-Continent Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> During the May, 1984 Inspection, Jim Herron, of the Mined Land <br /> Reclamation Division, observed that drainage ditches to the mine #1 and <br /> #2 sediment control system had been breached and that the two sediment <br /> ponds were more than 60% filled with sediment. A violation was issued <br /> for failure to minimize disturbance to the prevailing hydrologic <br /> balance. Specifically, the violation was concerned with the failure to <br /> maintain the sediment and drainage control system. <br /> During the hearing, the operator presented convincing evidence that the <br /> sediment ponds were not yet filled to the 60% level with sediment. <br /> Specific records of pond clean-out volumes were presented. One of the <br /> drainage ditches which had breached prior to the inspection was <br /> functioning properly at the time of the inspection. It was assumed <br /> that the ditch had breached during the previous week' s excessive runoff <br /> events. <br /> One of the drainage ditches was breached at the time of the inspection, <br /> causing drainage to short-circuit the sediment control system. This <br /> condition was considered serious enough to warrant issuance of a <br /> violation. Based on oral testimony, written records, slides, and <br /> photographs, I recommend that violation NOV 84-090 be modified. <br /> t Specifically, the citations related to the sediment-filled ponds and <br /> C_ t the ditch which had breached, but was functioning properly at the time <br /> of the inspection, should be dropped. The citation for the breached <br /> drainage ditch which was causing short-circuiting should be retained. <br /> \` A modified version of NOV 84-090 should be upheld. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />