INSPEC03755

• Permit No: C1981019
• IBM Index Class Name: Inspection
• Doc Name: Inspection Report
• Inspection Date: 9/27/2004
• Media Type: D
• Archive: No

IV. ENFORCEMENT ACTIONS
The following identifies enforcement actions taken during this inspection, the required abatement, and date of abatement for the
violation, previous violations still requiring abatement, and the termination of violations is ted during previous inspections.
NOTE: Attach appropriate VIOLATIONS or CESSATION ORDER CODING FORMS
Violation CV-2004-001 was issued on June 22, 2004. The only portion of this violation that still requires
abatement is Abatement Item 3b. The due-date for this action was extended from September 21, 2004 to
December 20, 2004. Item 3b is to submit to the Division of Minerals and Geology an application for a
Technical Revision (or Permit Revision as may be necessary) to the Colowyo Coal Company Permit
Application Package to include BLM approval of a coal lease modification, and obtain any required OSM mine
plan modification approvals.
No enforcement action was taken as a result of this inspection. Maintenance operations were underway on
culverts and a road crossing at the time of the inspection, and these items were in compliance by the time
this inspection was completed.
The degree of sediment accumulation in the Rail Loop Pond is an estimate, and the Division analysis
indicated a residual capacity for additional sediment loads not recognized in the PAP demonstration. Water
quality discharge limitations aze not likely, at this time, to be exceeded in the event of a design storm. The
condition of this pond, as well as the Gossard Loadout Pond, will be more precisely determined during the
next inspection and compared to permit criteria.
The permittee's failure to obtain approval as prescribed in the State Coal law and coal mining regulations
from DMG prior to drilling and completing a water supply well would normally have been considered a
violation by DMG. The permittee, however, had obtained a permit (number 61171) for this well from the
Colorado Division of Water Resources (DWR) prior to drilling the well. Additionally, a Memorandum of
Understanding (MOU) between the Division and the Division of Water Resources designed to foster
communication between these two Department of Natural Resources Divisions regarding jurisdiction of
water wells on coal mines was signed in April 2003 but not provided to the staff of these two agencies until
the summer of 2004, after permit 61171 for the water supply well had been issued. A Notice of Violation is
not being issued for this one well at the Colowyo mine at this time. The permittee, however, must still
revise its Division permit application to provide all information required by the State Coal law and
regulations pertaining to water supply wells at coal mines.
Work was underway in protection of a topsoil storage pile immediately to the south of the East Pit. The
status of this topsoil storage pile will be viewed during the next inspection.
To reduce the number of revisions to the PAP, the addition of the recent DCPHE discharge permit to the
list of other permits will be incorporated with others as may develop (timely) from current reviews and
modifications (if any) of dischazge permits.
Correspondence in Exhibit 14 of the PAP cleazly indicates the existence of a pre-blast survey. A copy of the
report was found at the Division, and a copy was transmitted to the operator under separate cover. Colowyo
may want to incorporate this report in Exhibit 14 of the PAP (a minor revision).
C-81-019, Page ~ of ~ Pages, Date _8 October 2004_, Initials _BGW