ENFORCE37772

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 6/14/1999
• Doc Name: MOUNTAIN COAL CO REQUEST FOR VACATION OF NOV C-99-005
• From: DMG
• To: LARRY ROUTTEN
• Violation No.: CV1999005
• Media Type: D
• Archive: No

~~ h " • ~ U L ~~-~ ~ °"~ III IIIIIIIIIIIII III
STATE OF COLO~~vv
DIVISION OF MINERALS AND GEOLOGY ~~
Department o(Nawral Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203
Phone [phone]
FAX: [phone]
Memorandum
To: Mike Long ~,/ ~
From: Larry Roulten ~e
Date: 06/ 14/99
Re: Mountain Coal Company's Request for Vacation of NOV C-99-005
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Bil I Owens
Governor
GregE Watcher
Eaecwive Dveaor
Michael B. Long
Drvismn Director
Mountain Coal Company (MCC) has requested [hat you vacate NOV C-99-005.
The NOV was issued for failure to conduct operations specified in the mine permit
and failure to utilize methods specified in the permit in approval of alternate
sediment control practices. I recommend that you do not vacate [he NOV. The
basis for my recommendation follows.
The subject of the NOV is a "small area exemption" at the Shaft 3 ventilation and
degas pad area in Sylvester Gulch at the West Elk Mine. MCC asked that this area
be exempt from the requirement to route disturbed area storm runoff to a sediment
pond. The Division approved that request in the permit in 1997. The approval was
based on computer modeling efforts that demonstrated applicable effluent limits
would be met with the use of alternative sediment control methods.
Construction of the site occurred in 1997. Since then, the alternate sediment control
practices have been scrutinized and discussed during several inspections. The
operator has been instructed to maintain silt fence, regrade a ditch and, install
additional silt fence on different occasions in order to prevent what Division
inspectors thought were imminent compliance problems. MCC has also recently
submitted a revision to the permit to reflect modifications of the site which were
made during construction. The Division agreed to allow flexibility to deviate from
approved design plans during construction, with the understanding that the recently
submitted "as-built" revision would follow soon after construction. However,
certain assumptions and commitments regarding the use of erosion control practices
remained throughout the permitting and construction process. Failure to implement
some of those practices led to issuance of an NOV in May.