ENFORCE22941

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 5/19/2004
• Doc Name: Extension of Time for Abatement & Memo
• From: DMG
• To: Seneca Coal Company
• Violation No.: CV2003014
• Media Type: D
• Archive: No

D5-19-04 12:05PM FROM-DMG GRAND JUNCTION FIELD OFFICE
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St, Room 275
p¢myer, Calorado 90203
Phone: [phone]
FAX: [phone]
DATE: May 19, 2004
TO: David Berry
FROM: Dan Mathews ~
918 241 1516 T-868 P.004/005 F-556
STATE OF COLORADO
RE: Request for Second Abatement Extension Beyond 90 Days
Seneca Coal Company, Seneca II-W Mine (Permit C-82.057)
NOV CV-2003.014
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Ronald W. Catt;lny
Division Dlrecroc
Nawr~l Resaurcc Trustee
Seneca Coal 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(2)(e). The initial extension
beyond 90 days was approved February 13, 2004, with an extended abatement date of May
19, 2004. That extension approval was based on the reasons set forth in my memo dated
January 26, 2004. It is 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 7 8, although I did not discover the request in my inbox until the
morning of May 19. In the request )ester, Roy Karo of SCC indicates that hilislope 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 riprap installation. Mr.
Karo also indicates than certain of the channel segments may be subject to design
modifications associated with a technical revision application ITR-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) (W)here climatic tondirions preclude abatement
within 90 days, or where, due to climatic conditions, abatement within 90 days clearly
wou/d cause more environments/ harm than it wou/d prevent.
I issued the NOV on November 2i, 2003 for (F)ailure to stabilize or repairri/Is and gu/lies in
comp/lance with the approved permit plan and schedule...
The NOV applied to numerous hilislope gullies and eroded drainage segments on reclaimed
areas at Seneca Coal Company's Seneca 11-W Mina, a large active surface mine in Routt
County, south of Hayden. Two abatement steps were specified in the NOV. Step 1
required submittal of a complete minor revision "detailed repair plan". This step was
resolved within the specified time frame. Step 2 was to !!Implement and complete
approved plan required by Srep 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 speoified 90 day time frame. Tha mine is located at an average elevation of
approximately 8000 feet, and winter conditions had already set in. Most areas of the mine
office of Office of • Colorado
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