ENFORCE22893

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 5/19/2004
• Doc Name: 2nd Extension Request for Abatement ‎(Memo)‎
• From: Dan Mathews
• To: David Berry
• Violation No.: CV2003014
• Media Type: D
• Archive: No

05-19-04 12:05PM FROM-DMG GRAND JUNCTION FIELD OFFICE 970 241 1516 T-069 P.004/005 F-559
STATE OF COLORADO
DIVISION OF MINERALS AND GEOtOGV
Department of Natural Resources
1313 Sherman Sc, Room Z 15 C O L D RA D O
DIVISION O F
Denyer, co)orado sozo3 M I 1V s RRA L 5
Phone: [phone]
pAx: [303) e3z~r05 G E O L O G Y
' RECL~MATION•M WING
saPETT•ECISNCE
DATE: May 19, 2004 9u70wens
Governor

TO: David Berry Russell George
Executive Director
FROM: Dan Mathews ~ Ronald W. CatWny
Division Diector
RE: Request for Second Abatement Extension Beyond 90 Days NaturJl Resource 7,us[ee
Seneca Coal Company, Seneca II-W Mine (Permit C-82-057}
NOV CV-2003.014
Seneca Coaf Company (SCC} has submitted a second request for extension of abatement of
NOV CV-2003-014 beyond 90 days, pursuant to Rule 5.03.2(21(e). The initial extension
beyond 90 days was approved February B, 2004, with an extended abatement date of May
18, 2004. That extension approval was based an the reasons set forth in my memo dated
January 26, 2004. his my recommendation that the requested extension beyond 90 days
be granted, and that the extension be granted for 30 days, until June 18, 2004.
We received the operator's request for extension beyond May 19 by FAX transmission on
the morning of May 18, although I did not discover the request in my inbox until the
morning of May 19. In the request letter, Roy Karo of SCC indicates that hillslope rills and
gullies cited in the NOV have been repaired, but that certain permanent reconstructed
stream channel segments have not been completed, due to wet conditions that have
precluded access by heavy equipment necessary for grading and tiptop installation. Mr.
Karo also indicates that certain of the channel segments may be subject to design
modifications associated with a technical revision application (TR-45) currently under
review.
I believe the circumstances regarding this extension request do fall under the qualifying
circumstances of Rule 5.03.2(2)(c)(iv) lWJhere climatic conditions preclude abatement
within 90 days, or where, duo to climatic conditions, abatement within 90 days clearly
wou/d cause more envrronmenta/ harm than it would prevent.
I issued the NOV on November 21, 2003 for (F)ailure to stabilize or repair rii/s and gu/lies in
compliance with the approved peimlt plan and schedule...
The NOV applied to numerous hillslope gullies and eroded drainage segments on reclaimed
areas at Seneca Coal Company's Seneca II-W Mine, a large active surface mine in Routt
County, south of Hayden. Two abatement steps were specified (n the NOV. Stop 1
required submittal of a complete minor revision "detailed repair plan". This step was
resolved within the specified time frame. Step 2 was to !/Jmplement and camp/ete
approved p/an required by Step 1, on or before February 79, 2004.
It was clear at the time I issued the NOV that Step 2 abatement would not be feasible
within the specified 90 day time frame. The mine is located at an average elevation of
approximately 8000 fast, and winter conditions had already set in. Most areas of the mine
.. OIFce of Office of • Colorado
' ' ' '- ---`-- wrriu> and trurrivx Minns Ge0lopipl Survey