ENFORCE27234

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 3/9/1993
• Doc Name: MOUNTAIN COAL COS REQUEST TO VACATE NOV C-93-006
• From: DMG
• To: MIKE LONG
• Violation No.: CV1993006
• Media Type: D
• Archive: No

-- III IIIIIIIIIIIII III
999
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department o(Natural Resources
I }13 Sherman 51., Room 215
Denver, CO 80203
Phone: [phone]
FAY:I}0318}2-810fi
DATE: March 9, 1993 -~
TO: Mike Long _
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FROM: Jim Pendleton - ~'`""e~
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Roy Romer
Governor
Michael B. Long
Div is iun Direcbr
RE: Mountain al pany's Request to Vacate NOV C-93-006
The Coal program issued NOV C-93-006 to the Mt. Gunnison #1 mine
for "failure to submit a Subsidence Monitoring Report on a semi-
annual basis as required by the permit and regulations". The mine
failed to submit the required semi-annual reports in writing to the
Division from October 1990 through January, 1993.
As you are painfully aware, I believe I personally reviewed all of
Mt. Gunnison's subsidence information up to about early-1990. At
that point in time I was assigned to other duties and distracted
from keeping track of my favorite subsiding mine sites. Mountain
Coal Company submits their belief that making subsidence monitoring
data "routinely available" during inspections should suffice to
keep the Division informed.
In order to provide the kind of information the Division's
subsidence technicians (Me, Stover, Sorenson, etc.) need to assist
the reclamation specialists if an emergency were to arise, or
during a permit revision (like they're now processing), the
Division needs the monitoring information readily available. We
might not have the luxury of waiting for it to be found, assembled
and delivered. For this reason Rule 2.05.6(6)(c)(1)(E) requires
that "results of the monitoring program shall be submitted to the
Division at least semi-annually".
Contrary to Scot W. Anderson's statement, in this instance the
Mountain Coal Company has not "complied with the letter and spirit
of the subsidence monitoring regulations". Subsidence prediction,
monitoring and evaluation have been a very significant concern for
the Mt. Gunnison No. 1 mine since its original permit issuance,
including a three year involvement for the Division at considerable
expense before the OSM Board and Administrative Law Judge. In my
opinion Mt. Gunnison got distracted by its recent frenzied
development of the B Seam longwall, concentrated its efforts
elsewhere, and 'blew-off' or 'spaced-out' the report submittal
requirement. It appears to me to be a valid administrative
violation with minimal seriousness.