ENFORCE24992

• Permit No: C1994082
• IBM Index Class Name: Enforcement
• Doc Date: 4/6/2004
• Doc Name: Extension of Abatement Deadline Beyond 90 Days ‎(Memo)‎
• From: Mike Boulay
• To: Ron Cattany
• Violation No.: CO2003012
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215 C O L D RAD ~
Denver, Colorado 80203 DIVISION O F
1Vt 1 N
R A L$
Phone: [phone] S
FAX: [phone] G E O L O G Y
0.EC LAM ATION•NINING
EAf ETY•SUENCE
Bill Owens
Governor
Russell George
INTEROFFICE MEMORANDUM Executive Director
DIVISION OF MINERALS AND GEOLOGY Ronald W. Cottony
Division DireROr
Natural Resource Trustee
TO: Ron Cattany

FROM: Mike Boulay {{~~,,
M Yl
DATE: Apri16, 2004
SUBJECT: Yoast Mine (C-1994-082)
Cessation Order CO-2003-012
Extension of Abatement Deadline Beyond 90 Days
Seneca Coal Company (SCC) has requested a second ninety-day extension of the abatement
deadline for CO-2003-012. The current abatement deadline is April 18, 2004. An additional
ninety-day extension would set the deadline at July 17, 2004. Under 5.03.2(2)(c) the Director
can grant a 90-day extension if one or more specific criteria apply. The applicable criteria for
extending this abatement deadline, is that the climatic conditions preclude abatement within 90
days. The remaining location for which the cessation order applies is still partially snow covered
and extremely muddy. The topsoiling would require that topsoil be placed over saturated spoil
and placement by scrapers under these conditions causes deep ruts and unsafe operating
conditions. Therefore, I am requesting your approval for this extension. This memo provides the
Division's justification for granting the extension.
This cessation order was issued on October 22, 2003 for failure to complete the abatement steps
required by Notice of Violation NOV CV-2003-007. During a complete inspection on July 15,
2003, it was noted that backfill and grading operations had not been completed in accordance
with the approved backfilling and grading schedule. The area designated for backfill and grading
in 2001-2002 had not been completed. Notice of Violation CV-2003-007 was issued on July 21,
2003 for failure to comply with permit conditions, failure to complete rough backfilling and
grading within 180 days following coal removal, and for failure to conduct topsoil redistribution
and seeding according to the reclamation schedule and established timeframes, SCC specifically
violated Rules 4.14.1 (c) Backfilling and Grading and 4.15.3 (1) Seeding and Planting. The time
for abatement was 90 days (on or before October 20, 2003).
Office of
Mined Land Reclamation
Office of
Attive and Inactive Mines
Colorado
Geological Survey