1994-02-07_ENFORCEMENT - C1981017 (4)

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e MEMO TO: Mike Long FROM: Sandy Brown DATE: December 20, 1993 RE: Mid-Continent Resources Recommendation to Vacate NOV's C-93-093, C-93-097, C- 93-099, C-93-107 and C-93-110 Mid-Continent Resources requested an assessment conference to discuss all of the violations that were written last June and July. The conference began on November 30 and was continued until December 7, 1993. We hope to complete it on January 11, 1994. Representing Mid-Continent Resources are Diane Dulaney and Greg Lewicki. Tony Waldron and Larry Routten represented the Division. They gave me some background regarding the inspections that resulted in the NOV's being addressed in this conference. As I am sure you are aware an oversight inspection was conducted at the Coal Basin Mines from June 14-17, 1993. Tony Waldron, Larry Routten and Dave Berry were the Division's inspectors. In order to cover the mine site more efficiently, the inspectors split into three groups. On the last day of the inspection, June 17, the OSM inspectors gave the Division inspectors an ultimatum of either writing NOV's immediately or they (OSM) would issue TDN's for all of the problem areas. As a result, the Division inspectors issued it NOV's on June 17. They were issued without all of the normal research or evidence collection. In the assessment conference, Mid-Continent Inc. representatives brought in additional information regarding many of the NOV's. Based on the information, I am recommending that the following NOV's be vacated. NOV C-93-093 NOV C-93-093 was issued for "failure to place the required non- toxic, non-combustible cover on graded portions of a coal mine waste bank". Larry Routten cited Rule 4.10.4(5) , the relevant part of which states, "Following grading of the coal mine waste bank, the site shall be covered with a minimum of 4 feet of the best available non-toxic and non-combustible material . . . " . This NOV was written for the terraces of the Sutey Refuse Pile. There was some topsoil, but not the required depths. The terraces are approximately fifteen feet wide and they slope into the pile where there is an inside ditch. The outslopes of the bottom three lifts were appropriately covered and vegetated. The issue here became timing. There are no specific time requirements for when the cover will be placed. Larry felt that Rule 4.13 addressed the timing issue. It states, "Reclamation efforts, including, . . .topsoil, revegetation . . . shall occur as contemporaneously as practicable with mining operations. " I hindsight, he felt it would not be practicable to topsoil the