ENFORCE20663

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 5/6/2005
• Doc Name: Settlement Agreement and Settlement Agreement Justification
• From: DMG
• To: Seneca Coal Company
• Violation No.: CV2005003
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL, Room 215 C O L O RA D O
Denver, Colorado 80203 DIVISION O F
Phone: [phone] MIN &RA L S

FAX: [phone] G E O L O G Y
0.ECLANATION~NINING
SAFETV.S<IENCE
Bill Owens
Governor
Russell Ceorge
• SETTLEMENT AGREEMENT JUSTIFICATION Executive Director
Seneca Coal Company Ronald W. Cattany

Seneca I I Mine-Permit Number C-82-057 Division Director
Natural Resource Trustee
Notice of Violation No: CV-2005-003
James B. McArdle, Conference Officer
The Notice of Violation Number CV-2005-003 was issued on March 10, 2005 for failure to
provide a fully accurate "as built' P.E., construction certification report and a fully accurate
annual impoundment certification report for sediment pond 016. Also, for failure to promptly
provide a P.E. construction certification for an approved design revision for sediment pond 016.
On May 4, 2005, an Assessment Conference was held by telephone conference. In
attendance, in addition to the Conference Officer, was Mr. Dan Mathews and Mrs. Sandra
Brown representing the Division and Mr. Roy Karo, Mr. Jay James, and Mr. Bob Shevling
representing the operator.
Dan commenced the discussion with a detail of the history leading up to this NOV. A certified
"AS-Built' report for Pond 016 was submitted in TR-40, in 2001. Pond 016A was constructed in
the early summer of 2003, following approval of PR-3 which included a design revision to pond
016. This revision was certified on 4-22-03 and the revision was approved in May 2003. The
design revision was not implemented. During the mid-term permit review in December 2003, the
Division noted that there were several design changes in the "Design Revision", as compared to
the "AS-Built' dated 9-26-01. The changes included modified Emergency Spillway Schedule,
Principle Spillway 2.5 feet lower than "As-Built' on the Stage Capacity Chart and Principal
Spillway Detail drawing, and de-watering orifice specified on the "AS-Built is not shown on the
design revision. Basically, the Division received two "AS-Built' certifications with conflicting
information and a design revision that was never fully implemented.
The Division requested a formal response to the mid-term letter by the end of February 2004.
After several extensions, the Division received a technical revision response to the mid-term
letter on December 1, 2004. Seneca Coal Company stated that the 3 inch dewatering orifice
had been eliminated but the 2.5 foot decrease in the principal spillway had not been completed.
On January 25, 2005, the Division sent Seneca Coal Company a TR-S- initial adequacy review
letter requesting that the operator amend the application to demonstrate that the current pond
spillway configuration was adequate or commit to implementation of approved modifications as
soon as possible. The Division then sent afollow-up letter dated February 23, 2005 concluding
that enforcement action is warranted unless the issue was promptly resolved. An inspection was
completed by the Division on March 9, 2005 and the NOV # CV-2005-003 was issued on March
10, 2005 with an initial abatement date of May 10, 2005. On March 11, 2005, the abatement
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