_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

F-co
y� 90 DEPARTMENT OF NATURAL RESOURCES
David H.Getches,Executive Director
MINED LAND RECLAMATION DIVISION
�876' DAVID C.SHELTON, Director
Richard D.Lamm
Governor
M�
DATE: January 16, 1985
TO: Fred Banta, David Shelton
FROM: David Holm
RE: Recommended Settlement of C-84-083; Mid-Continent Resources, Inc.
I. Finding of Violation
On May 22, 1984, Jim Herron, of the Mined Land Reclamation Division,
observed end dumping of mine waste material at the underground waste
disposal area near the rock tunnel development operation. This
practice is contrary to the provisions of Mid-Continent Resources,
Inc. , permit and mine plan (Volume IIB, IV, p.38). A violation for
failure to follow the approved mine plan was issued. In addition, it
was observed that a diversion ditch which was intended to intercept
unaffected upland drainage and route it away from the disturbed area
associated with the underground development waste was not in place
during the time of the inspection. The lack of the diversion ditch was
cited in the violation, also as a failure to follow the approved mine
plan and the failure to minimize disturbance to the hydrologic
balance. Evidence presented during the conference consisting of oral
testimony and photographs and slides served to support my conclusion
that a violation had indeed occurred. I recommend that the violation
contained within cessation order C-84-83 be upheld.
A discussion ensued as to whether a cessation order should have been
issued for this violation. The operator contended that, since all
disturbance associated with the violation occurred within a drainage
area which was protected by sediment control devices, no significant or
imminent environmental harm was posed by the violation. This argument
was rejected because the end dumping practice was in direct violation
of the provisions of the permit and this practice was causing the
uncontrolled migration of coal waste material on to undisturbed lands.
Also, the failure to construct the upland water diversion ditch was
responsible for the contamination of clean water with coal waste
material and an ultimate discharge of poor quality water. I recommend
that the cessation order be retained.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]