ENFORCE21655

• Permit No: C1983058
• IBM Index Class Name: Enforcement
• Doc Date: 1/10/1994
• Doc Name: RECOMMENDATION TO EXTEND NOV C-93-104 ABATEMENT DATE
• From: DMG
• To: DMG
• Violation No.: CV1993104
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,~Room 215
Denver, CO 80203
Phone: [phone]
. FAX: [phone]
DATE: January 10, 1994
TO: Michael B. Long, Director of Division of Minerals and Geology
FROM: Shawn E. Smith
RE: Recommendation to Extend NOV C-93-104 Abatement Date
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Roy Romer
Governor
Michael B. Long
Division Director
Enclosed please fmd a letter from the operator requesting additional time beyond 90 days to begin
and complete on-the-ground implementation for the abatement of NOV C-93-104. The letter
includes a detailed chronology of events leading up to the request for the extension of the NOV,
including the fact that the mine closed on August 31, 1993. The operator wishes the new abatement
deadline be established at January 31, 1994.
According to Rule 5.03.2(2)(b), an extension can be granted beyond 90 days if the operator can
show that it is not feasible to abate the violation within 90 calendar days due to one or more of the
reasons in 5.03.2(2)(c). I believe the operator can demonstrate good cause as detailed in the letter
enclosed for your review, and as summarized herein.
The operator's failure to abate the violation has not been due to a lack of diligence or intentional
delay. 'This NOV, issued July 1, 1993, required the operator to submit a redesign of the surface
drainage system around its refuse pile, as the system was allowing surface runoff to leave the pile
untreated. The operator's plans were found complete on August 9, 1943. On August 31, 1993, the
mine closed operations and a fmal reclamation plan in lieu of a temporary remediation for the refuse
pile was addressed. Technical Revision No. 6 was approved by the Division on December 20, 1993
which incorporates the fmal reclamation of the refuse pile. As such, the Division believes the
extension beyond 90 days may be granted per Rule 5.03.2(2)(c)(i), which states that an operator
may qualify for the extension if the operator has timely applied for and diligently pursued necessary
approval of designs but such approval has not been issued within 90 days for reasons not within the
control of the permittee.
The operator has fulfilled all the requirements by the Division to abate this violation except for on-
the-ground implementation of the fmal reclamation plan for the pile. The area of concern has been
stabilized with temporary on-the-ground remedial abatement measures taken on July 16, 1993: A
Technical Revision has been submitted and approved. The operator has contracted Phil Kessler
Reclamation Company to begin the necessary work on the refuse pile this coming week with
completion targeted for January 31, 1994.
Please review the attached letter for additional information. Thank you for your time and attention
to this matter.
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