ENFORCE22485

• Permit No: C1981024
• IBM Index Class Name: Enforcement
• Doc Date: 8/25/1992
• Doc Name: REQUEST FOR VACATION NOV C-92-008 COLORADO COAL MINE 1 C-81-024
• From: MLRD
• To: DMG
• Violation No.: CV1992008
• Media Type: D
• Archive: No

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999
STATE OF COLORADO
MINED LAND RECLAMATION DIVISION
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, CO 80203
303 866-3567
FAX: [phone]
Date: August 25, 1992
To: Mike Long, Director
Division of Minerals and Geology
From: Cathy Begej ~~Of'[Z t,, ~`,~Q~
Re: Request for Vacation, N.O.V. C-92-008
Colorado Coal Mine No. 1, C-81-024
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Roy Romer,
Governor
Michael B. Lonp,
Division Director
Greystone Development Consultants, permittee liaison for Kaiser Steel Resources' C.C.M.C.
Mine No. 1, requested vacation of N.O.V. C-92-008 on August 10, 1992. The request for
vacation was "muddied" by references to informal and formal review; telephone conversations
on August 13 and 14 confirmed that Kaiser desired Director review. I have indicated that we
would provide a response by Friday, September 4, 1992. Please let me know if you will be
unable to meet this deadline.
N.O.V. C-92-008 was written for failure to seek appropriate governmental approvals for a
disturbance within 100 fcet of the outside right-of-way line. This citation was issued
June 3, 1992, following the March, 1991, reclamation of a ditch at the C.C.M.C. Mine No. 1,
which resulted in disturbance within 100 feet of the outside right-of-way line. Previous
disturbances had not extended into this area. This citation was based on a regulation which is
a condition for permit approval or denial (Rule 2.07.6(2)(d)(iv)(A)). This citation was classified
as an operational violation of an administrative nature.
The staff recommends that the violation be upheld. There was disturbance within 100 feet of
the outside right-of--way. This disturbance had not been previously addressed by the operator
in any permit document, as required in Rule 2.07.6(2). Reclaimed vegetation at the site will
look different from the undisturbed vegetation throughout the bond liability period. OSM-AFO
has examined the distance between the highway and the disturbance at this mine in the past, and
their current emphasis on notification letters of all types within their records review is
increasing. This permit defect might have been observed during a joint oversight inspection
prior to the next midterm or renewal.
A permittee is required to meet permit conditions and design standards found within his permit
as well as the requirements described in the Regulations of the Colorado Mined land
Reclamation Board for Coal Mining. The presence of a diversion ditch and the requirements
for its subsequent removal are not a basis for failure to meet other regulations at the site.
CWB/bjw.cwb