ENFORCE23103

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 2/23/2005
• Doc Name: Denial for Vacation of NOV
• From: DMG
• To: Colowyo Coal Company
• Violation No.: CV2004006
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
PAX: (303) 832106
COLORADO
Dt VISION OF
MINERALS
GEOLOGY
0.EGLA MATIOMMININ°
SAFETY•SCIENCE
Bill Owens
Date: February 23, 2005 cOVefnOf
Russell George
Executive Director
To: Ronald W. Cattany, Division Director
Ronald W. Cottony

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RE: Consideration of Request for Vacation of Coal Program Notice of Violation
The Colowyo Coal Company, The Colowyo Mine, DMG Permit No. C-81-0 19
Notice of Violation No. CV-2004-006
The Division, on February 18, 2005, received a request from Colowyo Coal Company for vacation
of Coal Program Notice of Violation CV-2004-006. As you requested, I have reviewed
Colowyo's request, and provide the following comments and guidance.
Background
A Complete OSM Oversight Inspection of the Colowyo Coal Mine occurred on October 25, 2004.
During this inspection, a Coal Program inspector was informed by a Colowyo representative that
"a sample of a dischazge from Prospect Pond (Colo Dept Pubic Health and Environment permit
point 007) tested for settleable solids above those permitted. The dischazge monitoring report was
submitted to CDPHE under a letter dated October 20, 2004, and received at the Division (DMG)
on October 29, 2004" (DMG report of the 10/25/04 inspection that was issued 11/2/04).
Issues that azose were whether any Coal Program statutes and rules had been violated, whether
those potential violations were serious enough to warrant issuance of a Coal Program cessation
order, and whether coordination with the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment per our February 9, 1994, MOU was
required.
During the inspection, it was determined that the self-reported exceedance of a water quality
pazameter had occurred months eazlier; that the conditions that created the exceedance no longer
existed at the time of the October inspection; and that, as such, issuance of a cessation order was
not necessary. It was, however, determined that further investigation into the events associated
with the water quality exceedance was needed to determine whether any potential violations of
Coal Program statutes and regulations had occurred. It was additionally determined that
coordination with WQCD per our MOU was warranted. The October 25, 2004, inspection was
concluded with the understanding of all parties that the Coal Program would investigate these
events further in consultation with WQCD.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey