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~ ~ III IIIIIIIIIIIII III <br />Memo <br />July 8 , 1991 <br />To: Larry Q '~ <br />From: Randy t <br />RE: Penalty Assessment, Fruita #1 & #2, C-81-015, NOVs C-91-005 and C-91-006 <br />The following is additional information that I would like you to use in evaluating the <br />Civil Penalty for the Fruita Mine. <br />On June 3, 1991 I conducted an inspection at American Shield's Fruita Mine. During <br />the inspection I was accompanied by OSM inspector Henry Austin. The NOVS were <br />issued on June 18, 1991. OSM later issued 3 additional TDNs. <br />Concerning NOV C-91-005, Failure to revegetate: <br />The American Shield Coal Company had backfilled and graded the Fruita Mine site <br />this past spring. The reclamation plan required that soil samples be taken, the azea <br />mulched and then revegetate soon after. According to Greg Lewicki who represents <br />the mine, American Shield is involved in a lawsuit with the family of an ex-employee <br />who had committed suicide. The courts have frozen American Shield's assets and <br />money is not available for additional work. They were unable to pay the seeding <br />company to do the work and will probably be unable to pay the NOV penalty. <br />Additionally, because of their lack of financial resources, they will be unable to <br />conduct routine maintenance of the mine site. The mine has elected, rather than <br />waiting to chalk up additional NOVs and Civil Penalties and possible COs, to consider <br />opting for bond forfeiture. <br />Concerning NOV C-91-006, SAE Demonstration: <br />This is the usual problem that we have with SAES and their definition. The mine did <br />request in the reclamation plan an SAE which we approved. The problem is that it <br />is impossible to prove that hay bales are effective in treating the discharge to meet <br />effluent standards. This mine is located in Mancos bookcliffs and the area is SCS <br />classified as "Bad Lands" . I don't think that the disturbed lands contribute any more <br />sediment to the hydrologic balance than undisturbed lands. The environmental <br />impact is nil. The fault is basically unavoidable considering we approved the SAE in <br />the first place. <br />If you have any questions please contact me. <br />