ENFORCE22568

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 6/1/2007
• Doc Name: Request to Vacate NOV Memo
• From: Sandy Brown
• To: David Berry
• Violation No.: CV2007001
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman SL, Room 275
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
DIVISION O F
RECLAMATION
MINING
- &-
SAFETY
TO: David Berry Bill Ritter, lr.
FROM: Sandra Bro Governor
DATE: .lUne 1, 2007 Harris D. Sherman
Executive Director
RE: Seneca Coal Company Request to Vacate NOV CV-2007-002
Ronald W. Cattany
Division Director
Natural Resource Trustee
In a letter dated May 22, 2007 Seneca Coal Company requested the Division to vacate NOV CV-
2007-002. This NOV was issued for: Failure to design, construct, and/or maintain permanent
reclamation slopes and features including segments ofpostmine drainage channel and segment
of light use road and associated ditching, as necessary to:
• Minimize erosion to provide protection for topsoil and vegetation [4.05.5(1)(c)];
• Minimize erosion and slippage [4.14.2(5)]; and
• Prevent damage to public or private property [4.03.3(1)(a)].
The violation was issued as a result of Dan Mathew's April 25, 2007 inspection. A small slide
and associated erosion occurred below the Ridgeline road in the Neck Pit area. Melt water
flowed across the road causing and/or contributing to the soil movement and erosion below. The
road ditch and the lower segment of newly constructed Channel PM-4C were silted in and poorly
defined. Gully erosion and fallen aspen trees were observed in the undisturbed area below.
As Seneca describes in their letter, the NOV was issued in an area of the permit nicknamed the
Neck Pit. It is located on a steep facing slope where coal outcropped on the face of the slope.
Seneca began mining in this area in about 2000. Working conditions on this narrow ridge top
area are difficult; large snow accumulations and drifting are common; and working room is
limited. The Neck pit has been the location for three previous violations; the two described in
Seneca's letter as well as one other violation (CV-2000-005) for failure to salvage topsoil
resulting from disturbance outside the approved disturbed area.
The Division and Seneca recognize the Neck Pit is a problem area and we have mutually worked
towards developing effective solutions to minimize disturbance, contain runoff and prevent
slides in this area. Most recently, TR-55 was approved to remediate problems that occurred from
Slide #2 during the spring of 2006. In TR-55 Seneca proposed two new postmine channels, PM-
4C and PM-4D. The location and design of PM-4C were acceptable as submitted. (This is the
channel that contributed to NOV CV-2007-002).
During the review of TR-55, the major focus of discussion was directed at the design of PM-4D.
Seneca had proposed and in fact installed ahalf-culvert for protective lining in the drainage
channel. The Division accepted this as a short-term solution, but the Division did not feel this
was an appropriate long-term solution for steep channel protection. The Division asked Seneca
to consider using turf reinforcement mat for PM-4D and they agreed.
Office of Office of
Mined Land Reclamation Denver Grand junction Durango Active and Inactive Mines