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2016-06-01_GENERAL DOCUMENTS - C1981035
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2016-06-01_GENERAL DOCUMENTS - C1981035
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Last modified
8/24/2016 6:22:52 PM
Creation date
6/2/2016 6:56:37 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981035
IBM Index Class Name
General Documents
Doc Date
6/1/2016
Doc Name
Petition For Cease and Desist Order and Request For Hearing
From
Law Offices of Luke J. Danielson P.C.
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
DIH
RAR
Media Type
D
Archive
No
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exacerbated; cleaning up groundwater after it is polluted is generally <br />a difficult task if feasible at all. <br />RECOMMENDATIONS <br />After review of this disappointing regulatory record, Mr. Mount in his letter to me <br />makes three primary recommendations for future action, which, summarized, are: <br />1) Stop further placement of uncharacterized coal mine waste in a <br />waste pile that is not designed to contain soluble and water <br />transportable pollutants. (p.3) <br />2) Obtain a full elemental characterization of the waste material. <br />(p•4) <br />3) Require and immediately implement an adequate water <br />monitoring system. (p.4) <br />Please review Mr. Mount's letter for more specific details. <br />We do note that we are dealing with an applicant who has made foot dragging into an <br />art form. La Plata County ordered GCC to get a local land use permit six years ago and it <br />still does not have one. This Technical Revision has been pending four years. GCC is <br />making a mockery of the regulatory process. <br />OUR REQUESTED RELIEF <br />For these reason, we request the following: <br />1) That DRMS issue a cessation order, pursuant to C.R.S. §34-33-123(1) <br />or other agency authority, precluding continuing dumping of King <br />Coal II waste anywhere on the King Coal I site until permit revision is <br />obtained; 2 CCR §407-2-2.08.4(4)(permit revisions may not be <br />implemented before they are approved). <br />2) Require GCC to obtain a full-blown permit revision under DRMS rules; <br />this was never truly a "technical revision" to begin with under state <br />law and agency regulation S.2 Such permit revision should not be <br />2 Under Colorado law, "'[tjechnical revision' means a minor change, including incidental <br />boundary revisions, to the terms or requirements of a permit issued under this article, <br />which change shall not cause a significant alteration in the operator's reclamation plan." <br />C.R.S. § 34-33-103(27). The location, design and environmental protection provisions for <br />
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