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~- <br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o! Natural Resources <br />131 3 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: 13031 832-8106 <br />DATE: April 27, 1995 <br />TO: Mike Long ~ <br />FROM: Erica Crosby`~U" <br />II~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Etecutive Director <br />Michael B. Long <br />RE: Colowyo Coal Mine (C-81-019) Drvismn Director <br />NOV C-95-005 <br />The Division received Colowyo's request to vacate NOV C-95-005 <br />April 24, 1995. I believe the NOV is warranted and recommend that <br />you deny their request for vacation. Below is a brief outline of <br />the violation and reasons for upholding the violation. <br />The Division wrote Notice of Violation (NOV) C-95-005 to the <br />Colowyo Coal Mine (C-81-019) on March 29, 1995 for failure to place <br />topsoil on a stable surface area within the permit area 4.06.3(2). <br />The violation was modified on April 6, 1995 to include failure to <br />have stable perimeter slopes on the West Pit Pond 4.05.9(6). The <br />violation applies to the topsoil pile that slid into the West Pit <br />Sediment Pond. It appears the toe of an unstable area was removed <br />during construction of the pond, a topsoil stockpile was placed on <br />top of the unstable area, and the slope failed when it became <br />saturated. <br />Jim Kiger and Juan Garcia were present during the inspection. Jim <br />Kiger stated that the topsoil pile slid 3 weeks before the <br />inspection was conducted. Abatement of the NOV basically requires <br />Colowyo to keep the water level in the pond down, monitor the slide <br />for movement, remove the topsoil when conditions allow, and make <br />any necessary repairs to the pond. The NOV has not yet been abated <br />due to wet ground conditions. <br />I have a few comments regarding the letter submitted by Colowyo and <br />reasons for not vacating the violation. The comments are as <br />follows; <br />Colowyo makes reference to the Division handling of a slide <br />that occurred on June 5, 1985 on the haul road. A few items <br />to point out regarding the haul road slide; <br />a. Colowyo notified the Division when the road slide <br />occurred by phone and letter. <br />III III I "III <br />STATE OF COLC~i~DO <br />