Laserfiche WebLink
March 2, 1994 <br /> TO: Mike Long <br /> FROM: Sandy Brown <br /> RE: Recommendati n to Vacate CO C-93-140 <br /> Mid-Continent Resources, Permit No. C-81-017 <br /> Cessation Order C-93-140 was issued for "Failure to Abate Notice <br /> of Violation C-93-09411, specifically Step 2 of the "portion of <br /> the operation to which this notice applies" . Tony Waldron issued <br /> the CO on October 8, 1993 to Mid-Continent Resources for the Coal <br /> Basin Mines. During the assessment conference, February 17, <br /> 1994, he stated that NOV C-93-094 was issued for failure to <br /> construct and maintain sediment ponds according to the design in <br /> the permit. The CO was issued because ponds 10 and 006 had not <br /> been cleaned. <br /> Diane Delaney, representing Mid-Continent Resources, felt the NOV <br /> had in fact been abated. The steps necessary to abate the <br /> violation were: <br /> 1. Install spillways according to the designs in the <br /> approved permit. <br /> 2. Submit as-built certifications (by a registered P.E. ) to <br /> the Division within 30 days of completion of construction. <br /> Both steps were completed by September 13, 1993 as required by <br /> the NOV. Pond cleaning was not a required abatement step. <br /> Therefore, she requested that the CO be vacated because, the NOV <br /> was abated as required. <br /> Mr. Waldron agreed that the requirement to clean the ponds had <br /> inadvertently been left out of the abatement steps, however, he <br /> felt the ponds did not meet the as-built designs because of the <br /> sediment accumulations. <br /> Based on the information presented in the conference I recommend <br /> that the Cessation Order be vacated. It was an FTA cessation <br /> order and Mid-Continent Resources did, in fact, complete the <br /> required abatement steps. I believe it is inappropriate to _Is'sue <br /> an FTA CO for a "portion of the operation" as CO C-93-14 was. I <br /> disagree with the argument that the ponds did not meet the design <br /> requirements because of the sediment accumulations. As I <br /> understand it, the ponds were certified as-built, they simply <br /> needed to be maintained. As stated in the conference, cleaning <br /> was not included as an abatement step. <br /> cc:�Tony Waldron <br /> Steve Renner <br />