ENFORCE21957

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 1/30/2004
• Doc Name: Settlement Agreement
• From: DMG
• To: Seneca Coal Company
• Violation No.: CV2003014
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7 313 Sherman St., Room 27 5 C O L D iZ.A D O
Denver, ColOmdO 60203 DIVISION O F
Phone: [phone] MINERAL S
FAX: [phone]
GEOLOGY
0.ECLAMATION•MINING
SAFETT•SCIEN CE
Bill Owens
Governor
Russell George
SETTLEMENT AGREEMENT JUSTIFICATION Executive Director
Seneca Coal Company RGnald w. Cattany
Seneca II-W Mine-Permit Number C-1982-057 Division DireaGr
Natural Resource Trustee
Notice of Violation No: CV-2003-014
James B. McArdle, Conference Officer '~~
The Notice of Violation Number CV-2003-014 was issued on November 21, 2003 for failure to
stabilize or repair rills and gullies in compliance with the approved permit plan and schedule,
including all gullies identified as requiring repair on the 2003 Rill and Gully Survey Map, and
additional gullies described in the Divisions Inspection Report dated August 5, 2003.
On January 27, 2004, an Assessment Conference was held at the Division of Minerals and
Geology Office located at 101 South 3rd, Suite 301, Grand Junction, Colorado 81501. In
attendance, in addition to the Conference Officer, was Mr. Dan Mathews and Mrs. Sandra Brown
representing the Division and Mr. Roy Karo and Mr. Dennis Brigay representing the operator.
Dan presented testimony and photographs outlining the extent of the rill and gully problem at the
Seneca II-W Mine. In July, the company submitted a map identifying the rills and gullies that
required repair. According to the mine permit, repair work must be implemented by July 1, or as
soon thereafter as ground conditions permit and be completed by November 1 or when weather
conditions restrict operations. Dan provided ample evidence that rill and gully reclamation had
not commenced in a timely fashion and that the required work had not been completed by mid
November 2003.
Mr. Roy Karo stated that the abatement plan was submitted on January 9, 2004 as required by
the Notice of Violation. Mr. Karo made the argument that the identification of rills and gullies
was subjective, as size is not discussed in the permit. Also, Roy argued the level of seriousness
and fault.
The Proposed Civil Penalty originally determined by the Assessment Officer for CV-2003-014
was:
History
Seriousness (Low\Moderate)
Fault (Intentional)
Number of Days Penalty Assessed
Good Faith
Total proposed penalty
Once of
Mined Land Reclamation
Office of
Active and Inactive Mines
$100.00
$750.00
$1,000.00
1
0
$1,85000
Colorado
Geological Survey