ENFORCE24825

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 6/4/1993
• Doc Name: PN C-81-019 COLOWYO COAL CO NOV C-93-077 REQUEST FOR VACATION
• From: COLOWYO COAL CO
• To: DMG
• Violation No.: CV1993077
• Media Type: D
• Archive: No

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I~~~ " 5731 State Highway 13
±O AL ~ ~ Meeker, Colorado 81641
[phone]
COMPANY o
June 2, 1993
RF~~ IVFD
Mr. Mike Long, Director SUN 4 199
Colorado Division of Minerals and Geology Div,;;,,,; ;
215 Centennial Building "':,~r,~, .:
1313 Sherman Street ~ Ue`' u;y
Denver, Colorado 80203
Re: Permit No. C-81-019, Colowyo Coal Company
Notice of Violation C-93-077
Request for Vacation
Dear Mr. Long:
The following is factual information regarding the
circumstances associated with the referenced NOV issued by the
Division on May 18, 1993.
Colowyo hereby requests that the NOV be vacated for the
reasons outline below. We are confident that once all of the
pertinent facts have been reviewed, the Division will agree that
Colowyo has indeed complied with the Colorado Surface Coal Mining
Reclamation Act and subsequent Regulations and a NOV is not
warranted.
structures by Colowyo.
The NOV was written for "Failure to pass disturbed area flow,
failure to protect offsite areas, failure to minimize additional
solids to offsite areas, failure to maintain collection ditch,
failure to maintain an excess spoil pile diversion ditch". Colowyo
contends that the above mentioned failures are attributable to a
rainfall event of tremendous proportions, and not due to non-
compliance, faulty design, or lack of maintenance or diversion
Factual evidence which supports Colowyo's contention that a
rainfall event of tremendous proportions occurred on the afternoon
of May 16, 1993, is as follows:
1. Measured Precipitation and Duration
Actual measurements of the amount of precipitation and the
elapsed time from start to finish were taken independently at
two separate locations. The southern location is located at
a residence approximately =mile to the south of the mining