ENFORCE35162

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 10/16/1995
• Doc Name: NOV C-95-016 MOUNTAIN COAL CO PN C-80-007
• From: DMG
• To: MOUNTAIN COAL CO
• Violation No.: CV1995016
• Media Type: D
• Archive: No

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STATE OF COLORAUU
DIVISION OF MINERALS AND GEOLOGY
Depanmem of Natural Resources

I J 13 Sherman SL, Room 215 ~
Denver, Colorado 80203 I~~~~
Phone: [phone]
FAY. (3031812-8106
DEPARTMENT OF
NATURAL
October 16, 1995 RESOURCES

Ms. Kathleen Welt Ruy Romer
Gnve,no,
Mountain Coal Company lames 5. LxhheaA
P.O. BOX 591 e.ecmi~e Dneaor
Somerset CO 81434 Michael tl. Long
. Drvismn Drtcclor
Re: Notice of Violation No. C-95-016
Mountain Coal Company, Permit No. C-80-007
Dear Ms. Welt:
In response to your.letter of October 10, 1995, I have reviewed the facts and evidence surrounding
Notice of VioLLtion No. C-95-016. It appears that the existing evidence may not fully substantiate
that portion of the violation pertaining to topsoil segregation. For this reason, I hereby vacate the
portion of Notice of Violation No. C-95-016 alleging noncompliance with Rule 4.06. The other
citations and aspects of the violation not pertaining to topsoil salvage and segregation will remain in
effect.
As a result of this modification, the civil penalty is also adjusted as follows:
Seriousness
It appears that the required drainage control system for the waste pile was not maintained so as to
ensure the proper function of perimeter drainage control ditches and sediment control fences. Such
structures are designed to control drainage resulfmg from a 100-year, 24-hour precipitation event.
There is no evidence that sediment or coal mine waste left the disturbed area; however, the potential
for such an occurrence existed. The penalty is assessed in the ntid-range of the low/moderate
category ($500).
Fault
It appears that Mountain Coal Company was aware of the approved and required drainage control
design for the coal mine waste pile. While there is no evidence of intentional misconduct, it does
appear that Mountain Coal Company was negligent in not implementing the approved and required
drainage control plan. The penalty is assessed in the mid-range of the negligence category ($500).
Good Faith
It is my opinion that good faith credit can be granted in this case since Mountain Coal Company went
to extra effort by installing a fence around the coal mine waste pile site. This fence was not