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2012-11-14_ENFORCEMENT - C1981022
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2012-11-14_ENFORCEMENT - C1981022
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Entry Properties
Last modified
8/24/2016 5:10:33 PM
Creation date
11/15/2012 7:33:51 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981022
IBM Index Class Name
Enforcement
Doc Date
11/14/2012
Doc Name
Memo Regarding Issues raised from Oxbow Mining, LLC Letter on 11/8/2012
From
DRMS
To
Loretta Pineda, Sandy Brown, David Berry
Violation No.
CV2012008
Email Name
BFB
SB1
DAB
Media Type
D
Archive
No
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Page 1 of 3 <br />November 14, 2012 <br />To: Loretta Pineda <br />CC: David Berry and Sandra Brown <br />From: Brock Bowles 4'a A1° <br />RE: Elk Creek Mine (C- 1981 -022) <br />Notice of Violation No. CV- 2012 -008 <br />The Colorado Division of Reclamation, Mining and Safety (Division) issued NOV CV- 2012 -008 to Oxbow <br />Mining, LLC ( OMLLC) for the Elk Creek Mine on November 1, 2012. The violation was issued as a result of a <br />partial inspection that took place on October 19, 2012. This inspection was a joint inspection with CDPHE and <br />was previously scheduled with Jim Kiger of OMLLC. During the inspection it was noted that a new substation <br />was constructed within the disturbance boundary of the mine. The substation will be used in conjunction with a <br />coal mine methane fueled electrical generator that was previously approved in Technical Revision 73 (TR -73). <br />This memo is providing evidence as to why NOV CV- 2012 -008 should be upheld. <br />NYMrAl <br />On October 17, 2011, OMLCC submitted TR -73 to the Division proposing to construct and operate a coal mine <br />methane fueled electrical generator and a thermal oxidation facility at the Elk Creek Mine. Initially, the <br />generating facility was proposed to be constructed on an earthen pad within the disturbance area of the Elk Creek <br />Mine. Disturbance areas as defined by Rule 1.04(36) are those areas classified as disturbed until reclamation is <br />complete and the performance bond required by Rule 3 is released. Because the generating facility was within the <br />mine disturbance boundary, DRMS determined that it would fall within DRMS jurisdiction even though it was <br />not a mine related activity as defined in Rule 1.04 (132). TR -73 was deemed incomplete on October 25, 2011 <br />because the proposal lacked a significant amount of required information. <br />The Division and OMLLC discussed the features of the proposal and agreed that the electric generating station <br />would not be under DRMS jurisdiction if 1) the electricity was fed to the Delta- Montrose Electric Association <br />(DMEA) electrical grid and not used directly for mine related activities, and 2) that the disturbance boundary be <br />adjusted so the generating station is outside the disturbance boundary and therefore excluded from performance <br />bond requirements. <br />OMLLC re- submitted TR -73 on November 25, 2011 with a map showing the electrical generating station feeding <br />the DMEA electrical grid and the disturbance boundary adjusted to exclude the earthen pad containing the <br />proposed generating facility. DRMS approved TR -73 on February 17, 2012. <br />NOV CV- 2012 -008 <br />During the construction of the methane fueled generating facility, it was determined by OMLLC that the pad area <br />approved in TR -73 was not large enough to accommodate an additional substation facility that is required for the <br />operation of the generation station. OMLLC built an additional earthen pad approximately 100 feet south of the <br />approved generating facility for the needed substation. This new pad was constructed within the Elk Creek Mine <br />disturbance boundary. DRMS was not notified, verbally or written, before the construction of the substation pad. <br />
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