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~- :~ <br />III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />I l l J Sherman 51.. Roum 215 <br />Denver. Colorado 80203 <br />Phune: (3031 ftbb-3567 <br />FAT: 170]1 8}2-8106 <br />DATE: June 10, 1994 <br />U~b~ <br />DEPARTMENT OI <br />NATURAL <br />RESOURCE' <br /> <br />TO: <br />Michael B. Long, Director Ruy Rumc~ <br />cnvinnnr <br /> <br />FROM: <br />Susan Burgmaier~ ken Sa la m. <br />e.er°°°° °ni'"^~ <br /> Michael I7. Lunt; <br />RE: Meadows #1 Mine (Permit No. C-81-029) D~. ~,~nn Dheon~ <br /> Notice of Violation No. C-94-011 <br />On May 23 and 24, 1994, I conducted a complete inspection of the Meadows #1 Mine. Also <br />present during the inspection were Russ Porter and Steve Rathbun of OSM. Dan Ellison, a <br />consultant for Sun Coal Company, was present during inspection of the mine records. <br />As a result of the inspection, I issued three notices of violation (C-94-010 - C-94-012). Sun Coal <br />Company has since requested that you vacate two of those notices. Larry Routten is making a <br />recommendation to you for Notice of Violation No. C-94-010. f recommend that you do not <br />vacate Notice of Violation No. C-94-011. Following is a brief summary of the action, and the <br />basis of my recommendation to you. <br />The notice was issued for: <br />'Failure to conduce monthly rill and gully irupections." <br />The Act section cited was 34-33-111, the Regulations section cited was Rule 2.05.4(2)(c), and <br />the permit section cited was page 378 of Permit No. C-81-029. <br />The notice applied to the entire permit area. Abatement of the violation required conducting <br />a rill and gully Inspection of the permit area on or before June 23, 1994, and monthly thereafter. <br />Also requtred was submittal of the first inspection report, to the Division, no later than July 3, <br />1994. The violation was abated on June $, 1994, and terminated on June 9, 1994. <br />Sun Coal Company has requested that the violation be vacated, and provides three motives for <br />that request. First, the request from Sun Coal Company states that section 34-33-111 of the Act <br />addresses reclamation plan requirements and does no mention rill and gully inspections or plans. <br />Further, Sun Coal Company believes this to be exceedingly vague and probably incorrect, <br />technically negating the issuance of the notice. I believe this citation was in order. In <br />accordance with Rule 5.03.2(4)(a)(i), [ included a reference to the rovisions of the statute, <br />regulation, and permit section allegedly violated. The cited section ofpthe Act requires that the <br />operator submit a reclamation plan that includes, among other things, a plan for soil <br />stabilization. Mitigation of rills and gullies is one method of ensuring soil stablllty on the <br />reclaimed operation. [n the approved reclamation plan, Sun Coal Company has committed to <br />performing monthly inspections of the site, intended to identify rills and gullies in need of repair. <br />Second, the operator states that Rule 2.05.4(2)(c) does not address rill and gully inspections, that <br />the citation is then incorrect, thus negating the issuance of the notice. I believe this citation was <br />also in order. In accordance with Rule 5.03.2(4)(a)(i), Iincluded areference to the provisions <br />of the statute, regulation, and permit section allegedly violated. The cited Rule requires that <br />the operator submtt a reclamation plan for the site which includes a plan for, among other listed <br />