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iii iiiiiiiiniu iii 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resuurces 1 J I3 Sherman SI ,Room 215 Denver, Culoradu 80?03 Phonc~ 1303) 86fi-3567 FAX: p03)83? 8106 DATE: September 6, 1996 TO: Erica Crosby FROM: Susan Burgmaier RE: Yoast Mine (C-94-082) Notice of Violation No. C-96-017 II~~~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames S Lochhead E~rcmive Dueaor Michael B. Long Division Director Per your request, I reviewed the letter submitted by Seneca Coal Company providing additional information on NOV C-96-017. I have the following comments on the letter: 1. I do recall meeting with Scott Williams and Chuck McCulloh (Seneca Coal Company - SCC) in October 1995 to discuss tans to walk the dragline from Seneca II to Yoast. SCC brought a list of questions (presumably prepared by Mike Altavilla) regarding permitting for the move. Among those questions was whether or not a permit from DMG would be required for widening Routt County Road (RCR) 27a. It is my recollection that we told SCC a revision to the permit would be required. I do recall, however, that there was some question as to whether the Yoast or Seneca II permit should be revised. 2. SCC notes that they have "repeatedly asked both Ms. Susan Burgmaier and Ms. Janet Binns, inspector for the Seneca ll mine, in phone conversations and during monthly inspections if we had to permit these county roads and the work associated with the deadhead of the dragline. On every occasion, I was told that permitting these county roads was not necessary." Mr. Altavilla has not repeatedly asked me anything about the deadhead dragline route. In fact, I do not recall any conversation with him about this project. I have spoken only to Chuck McCulloh and Scott Williams about this project. Any conversations [have had with Mike Altavilla since our meeting with SCC have been related to rulemaking, OSM oversight, permitting processes, etc., and the recent Pond 10 construction concerns at Yoast. Until July 25, 1996, I had not conducted an on-site inspection at any SCC site since November 1995. During a rulemaking project last year, Mr. Altavilla asked me if SCC had any roads which might have to be permitted if a rule Change were to require permitting of public roads. I told him that if the rules were to change, SCC might permit RCR's 27, 27a, and 53. I told him that until there was a rule change, they would not have to permit roads on which they haul coal. SCC noted that when they were required b Routt County to construct turn lanes, we told them this did not need to included in the Yoast Mine permit. This is correct, and it was