1993-11-30_ENFORCEMENT - C1981017

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SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-092 Notice of Violation C-93-092 was issued for "Failure to minimize/control erosion to the extent possible, failure to stabilize ditches, ditch outlets, culvert outlets, road outslopes, and road cut outslopes against erosion". The NOV applied to all locations along all site access and light use roads where erosion is occurring. Dave Berry issued the NOV to Mid-Continent Resources at the Coal Basin Mines on June 17, 1993. Tony Waldron and Larry Routten represented the Division at the assessment conference. They stated that all roads exhibited some erosion at culvert outlets, ditch outlets and along cut and fill slopes. Numerous locations were excessively eroded. They further explained that because the roads were not cleared as mutually agreed by the Division and MCR the lack of road maintenance resulted in additional problems. Snow drifts and other debris blocked some of the ditches, directing the runoff off the road. Pictures were shown of four different areas as described below. 1. Erosion on an outslope above the ponds at Mine #1. 2. A tree branch had fallen, blocking the ditch and directing the flow across the road and over the outslope. The upper Coal Creek drainage was blocked and it was contributing to the flow. This segment of the road was above the snow line where maintenance equipment could gain access. 3. At the #1 Mine water flowed off the outslope creating a large gully. This segment of the road had been inaccessible due to a snowdrift. 4. This picture showed an extended culvert that drained into what appeared to be a stable channel in a fill slope. Allegedly the runoff had eroded a large section of the fillslope. Dean Massey and Diane Delaney, representing Mid-Continent Resources contested the fact of the violation for several reasons. First, they claimed that the Division had directed them not to clear the roads at the mine site. The lack of maintenance created problems. Second, they did not feel there was reasonable specificity cited in the violation. A similar violation was issued in 1991 which clearly described the culverts in violation. That NOV had been fully abated. This NOV was very vague covering the entire mine site. In the spring there is some degree of erosion at practically every locations. MCR was not sure which locations were considered unacceptable. ' Lastly, MCR representatives said they were maintaining the roads using the best technology currently available (BTCA) given the steep slopes and unstable conditions. Many of the roads were constructed pre- law and they were not designed to conform to the current standards.