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III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 86G-3567 <br />FAX: 1303)832-8106 <br />MEMO <br />To: Mike Long ~~ <br />From: Kent Gorha ~ <br />Subject: Colorado Yampa Coal Company, NOV C-99-008, Request to Vacate <br />Date: September 13, 1999 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />0.EC LAMATION <br />MINING•SAFETY <br />Bill Owens <br />Goeernor <br />Greg E. Walther <br />Ezeculive Direuor <br />Mn:hael B. Long <br />Divsion Director <br />The Division has received a request from Colorado Yampa Coal Company (CYCC) to <br />vacate NOV C-99-008 issued for failure to conduct hydrologic monitoring in accordance <br />with the approved plan. Coincident with the request, we have received additional <br />information concerning the NOV. <br />Background <br />The Division issued NOV C-99-008 to CYCC for failure to conduct hydrologic <br />monitoring in accordance with the approved plan on September 7, 1999. The Annual <br />Hydrology Report (AHR) is required to be submitted to the Division by January 31 of <br />each year for the water year ending in September of the previous year. The 1998 AHR <br />was received by the Division on June 15, 1999. Page 8-8 of Exhibit 8 of the approved <br />permit application requires monitoring of three spoil wells, 026-SP-1, 026-SP-2 and <br />026-SP-3. This monitoring is to occur on a quarterly frequency for water level and field <br />parameters, and on asemi-annual basis for full suite laboratory analysis. <br />Rationale <br />On page 4 of the 1998 CYCC AHR text, the operator states "The fall 1997 water quality <br />sampling of these wells (spoil wells) was inadvertently missed." Upon review of the <br />data, not only was the fall visit for field parameters and laboratory sampling missed, but <br />the next visit in March, and the subsequent visit in May, also did not include a <br />laboratory sample as required. Therefore, staff made the decision to take the <br />enforcement action. <br />OaeratorResponse <br />On September 10, 1999, the Division received additional information concerning the <br />