ENFORCE20763

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 12/2/1994
• Doc Name: COLOWYO MINE C-81-019 NOV C-94-015
• From: DMG
• To: COLOWYO COAL CO LP
• Violation No.: CV1994015
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources ~I~~~~
1313 Sherman A., Room 215
Denver, Colorado 80203
Phone: [phone]
FA%.13031032-8106
DEPARTMENT OF
NATURAL
RESOURCE
December 2, 1994 Roy Romer
Governor
James A. IGger
Colowyo Coal Company L.P. E ecul ve D heao
M¢hael s. Eong
5731 State Highway 13 Dlvis~^^ D~reeior
Meeker, Colorado 81641
RE: Colowyo Mine (C-81-019)
Notice of Violation No. C-94-015
Dear Mr. Kiger;
I have reviewed your request for vacation of the above mentioned notice of violation. Based
on the information presented by Colowyo Coal Company, L.P. and the Division, I find that a
violation did occur. I do not, however, find that all of the violations cited in Notice of Violation
No. C-94-O15 occurred.
As I indicated during our discussion of the notice, it is not apparent that Colowyo failed to plan
and conduct mining activities to minimize disturbance to the prevailing hydrologic balance, as
cited in the notice. Colowyo has demonstrated that adequate containment structures were in
place for drainage and sediment control of the West Pit development area.
It also is not evident that Colowyo failed to conduct operations as specified in the permit as
necessary to prevent significant environmental harm. The permit application language regarding
the maximum allowable stripped area for the West Pit is somewhat ambiguous, in that it is not
clear what other sediment control structures would have to be in place such that the West Pit
pond is not the sole containment structure. Colowyo has demonstrated that adequate temporary
containment structures to control runoff and sediment from all West Pit disturbed areas were
in place.
It is appazent, however, that the intentions of Colowyo were not made clear in the permit
application package. Designs for the existing sediment control structures had not been
submitted to the Division, not had the Division been apprised of the temporary drainage and
sediment control plan to be employed in the West Pit area. Therefore, I find that Colowyo did
fail to design sedimentation structures to provide adequate capacity to contain or treat runoff
resulting from a 10-year, 24-hour precipitation event.
Accordingly, the Division will vacate Notice of Violation No. C-94-015, but will issue Notice of
Violation No. C-94-037. This notice will be written for "failure to design sedimentation
structures to provide adequate capacity to contain or treat runoff resulting from a 1(>-year,