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�w OF 0 � <br /> 9 <br /> DEPARTMENT OF NATURAL RESOURCES <br /> * �q *O/ David H.Getches,Executive Director <br /> * M`r f 6 MINED LAND RECLAMATION DIVISION <br /> 876 DAVID C. SHELTON, Director <br /> Richard D.Lamm <br /> Governor <br /> January 23, 1985 <br /> MEMORANDUM <br /> TO: Fred Banta <br /> David Shelton <br /> FROM: David Holm <br /> RE: Recommended Settlement of NOV C-84-094 <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 a culvert had been installed in a <br /> non-approved location and that drainage from the haul road was <br /> bypassing an approved sediment control system. NOV 84-094 was issued <br /> for failure to follow the approved mine plan. This is basically an <br /> administrative violation. The operator originally constructed the <br /> Arctic Circle sediment ponds in 1978 at the request of the MLRD to <br /> control sediment from the haul road system. It should be noted that <br /> sediment ponds are not required for runoff from haul roads. <br /> Later, however, the area near the Arctic Circle ponds was utilized as a <br /> water truck fill-up area from the clean water pond nearby. The Arctic <br /> Circle ponds were then called for in order to control runoff associated <br /> with this disturbance. At that time, a culvert was placed across the <br /> haul road to divert the haul road drainage away from the Arctic Circle <br /> ponds. That culvert was plugged by the runoff events which occurred <br /> prior to the week of the inspection. The excessive amount of runoff <br /> coming down the haul road overwhelmed the Arctic Circle ponds. A <br /> diversion ditch around the Arctic Circle ponds was cut in order to <br /> prevent a pond wash-out. At the time of the inspection, the <br /> unauthorized, plugged culvert and the diversion around the sediment <br /> ponds was observed. <br /> It appears that the diversion around the Arctic Circle ponds was <br /> necessitated as an emergency abatement action by the operator. <br /> However, based on oral testimony, written records, slides, and <br /> photographs, it appears that violation for failure to follow the <br /> approved mine plan is justified. I recommend that NOV 84-094 be upheld. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />