Laserfiche WebLink
<br />iii iiiiiiiiiiiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Rewurces <br />131 J Sherman SI., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13071 866-3567 <br />FAX: (3031 83Z-8106 <br />July 21, 1995 <br />Mr. Phil G. Schmidt <br />Mountain Coal Company <br />P.O. Box 591 <br />Somerset, CO 81434 <br />RE: NOV C-95-016; West Elk !Sine; Permit No. C-80-007 <br />Dear Mr. Schmidt: <br />I~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ray Romer <br />Governor <br />lames S Loch head <br />6ec uhve Direcwr <br />Michael B Lang <br />Division Direaoi <br />I have reviewed your request, dated June 28, 1995, to vacate the <br />above referenced Notice of Violation. It is my determination that <br />Notice of Violation (NOV) C-95-016 appears to have been properly <br />issued, and I refer consideration of this NOV to an assessment <br />conference officer. <br />1. Silt Fences <br />The Small Area Exemption Demonstration (SAE) enclosed with <br />your letter, and included in Exhibit 66 of MCC's permit, <br />details a plan that is not conceptual, rather the plan is <br />specific, and the plan and its implementation are required by <br />the regulations. I am not aware of a modified drainage <br />control plan for the pile, with the exception of relocating <br />the upper diversion ditch. In addition, sediment control is <br />required prior to any disturbance. <br />I do not agree that the silt fence is not one element of a <br />redundant system of sediment control. Rule 4.05.5(2) includes <br />retaining sediment within disturbed areas as a method to <br />control sediment. The commitment to install silt fence below <br />the development waste pile addresses that regulation. Rule <br />4.05.5(1) requires that appropriate sediment control measures <br />be designed, constructed, and maintained to prevent additional <br />contributions of sediment to streamflow or to runoff outside <br />the permit area to meet effluent limitations and minimize <br />erosion. The Division approved the use of a vegetative buffer <br />as the secondary, not primary, demonstration that <br />sedimentation from the site would not contribute additional <br />sediment and would not cause effluent violations outside the <br />permit boundary. MCC's SAE demonstration states on page 2, <br />"The filter will provide final filtration of all the runoff <br />from the pile". <br />