ENFORCE24126

• Permit No: C1994082
• IBM Index Class Name: Enforcement
• Doc Date: 12/18/2003
• Doc Name: Letter & Settlement Agreement & Justification
• From: DMG
• To: Seneca Coal Company
• Violation No.: CO2003012
• Media Type: D
• Archive: No

DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
STATE OF COLORADO
Bill Owens
Governor
SETTLEMENT AGREEMENT JUSTIFICATION
Seneca Coal Company
Yoast Mine-Permit Number C-1994-082
Notice of Violation No: CO-2003-012 ~,~y
James B. McArdle, Conference Officer
COLORADO
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION•MINING
SAFETY•SOENCE
Greg E. Walther
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
The Cessation Order # CO-2003-012 was issued on October 22, 2003 for violations noted in the
area designated for backfilling and grading in 2001-2002 as shown on Exhibit i9-1 A. Specific
violations cited included a failure to comply with permit conditions, failure to complete rough
backfilling and grading within 180 days following coal removal, failure to meet permit
requirements for topsoil redistribution and failure to seed and plant disturbed areas during the
first normal period for favorable planting conditions.
On December 18, 2003, an Assessment Conference was held at 1313 Sherman Street, Room
215, and Denver, Colorado. In attendance, in addition to the Conference Officer, was Mr.
Michael Boulay and Mrs. Sandra Brown representing the Division and Mr. Roy Karo representing
the operator. Michael presented testimony outlining the details of the violation originally noted in
NOV Number CV-2003-007 issued on July 21, 2003 and resulting in CO-2003-012 dated
October 22, 2003. Concurrent reclamation as required in the permit documents and schedule
was not being completed. Also, in some cases, reclamation was not being built to design as per
the permit resulting in the submittal of a number of revisions to the plan.
Mr. Roy Karo discussed how Seneca Coal Company was proceeding with overall reclamation
and how reclamation was actually ahead of schedule on large portions of the mine site. One of
the reasons that the 2001-2002 reclamation was not completed was the need to continue using
the haul road at this location due to a slide at the pond affecting the alternate haul road. The
seriousness and fault components were discussed.
The Proposed Civil Penalty originally determined by the Assessment Officer for CO-2003-012
was:
History
Seriousness (Low\Moderate)
Fault (Intentional)
Number of Days Penalty Assessed
Good Faith
Failure to Abate
Total proposed penalty
Office of
Mined Land Reclamation
$50.00
$500.00
$1,500.00
1
0
$750.00
$2800.00
Office of
Arrive and Inactive Mines
Geological $orvey