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1994-02-07_ENFORCEMENT - C1981017 (3)
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1994-02-07_ENFORCEMENT - C1981017 (3)
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Last modified
2/1/2021 10:50:25 AM
Creation date
10/17/2012 10:56:45 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
Enforcement
Doc Date
2/7/1994
Doc Name
Bid Documents (IMP) CV-93-099
Violation No.
C-93-099
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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hindsight, he felt it would not be practicable to topsoil the <br /> terraces until vegetation is well established on the slopes. <br /> Representatives of Mid-Continent Resources contested the <br /> violation for a couple reasons. First, in April of 1988 Gary <br /> Fritz , of OSM, was concerned about the pile stability. He issued <br /> a TDN because the drainage was directed over the outslope of the <br /> fill. Therefore, the terraces are purposely left uncovered so <br /> Mid-Continent Resources can maintain the inside ditches until <br /> vegetation is well established on the outslopes. Maintenance of <br /> the ditches requires the use of heavy equipment. To topsoil now <br /> would result in contamination and compaction of the topsoil by <br /> the maintenance equipment. It is not "practicable" to topsoil <br /> when equipment is needed for further maintenance. Second, the <br /> permitted reclamation plan does require the terraces to be <br /> topsoiled, but there is no time frame. They plan to wait until <br /> vegetation is well established on the upper slopes. Well <br /> vegetated slopes will greatly reduce the amount of ditch <br /> maintenance. Third, the Rules say topsoil shall be distributed <br /> following grading, but there are no specific time frames and they <br /> claim, the terraces will be topsoiled following grading. Fourth, <br /> the terraces were topsoiled at one time but the subsequent <br /> maintenance resulted in contaminated and lost topsoil. <br /> I conclude there is no violation. The stability of the refuse <br /> pile is critical and ditch maintenance helps to ensure this. I <br /> believe it is practicable to wait until the outslopes are well <br /> vegetated and ditch maintenance is minimal before the terraces <br /> are topsoiled. Topsoil is at a premium at the Coal Basin Mines <br /> and they cannot afford to risk the possibility of contaminating <br /> or losing any more of this valuable resource. <br /> NOV C-93-099 <br /> NOV C-93-099 was issued for "Failure to repair rills and gullies <br /> on the old refuse pile according to the rill and gully plan in <br /> the permit". The rill and gully plan in the permit says: <br /> The portion of the old pile that was constructed after 1977 <br /> will be inspected as snow cover allows; inspections to <br /> identify erosion problems will be conducted once per month <br /> from May through July. Inspection will also be made after <br /> any significant rainfall event. If any are noted, temporary <br /> control will be established by hay bales or parts of bales <br /> being placed at prudent intervals along the rill or gully <br /> within 10 days of detection. When the refuse pile dries out <br /> (generally July or August) , mechanical methods will be used <br /> to remove or fill the rills and gullies, always keeping in <br /> mind to minimize disturbance of existing vegetation. . . . . " <br /> The plan clearly states that repairs will not occur until July. <br /> The issue is whether or not a survey was done to identify the <br /> rills and gullies. Mid-Continent contends that in May the <br /> conditions did not permit access to the pile and a survey could <br /> not be done. They had 271" of snow last winter/spring. The pile <br />
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