ENFORCE28146

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 5/25/2001
• Doc Name: PN C-81-019 COLOWYO COAL CO LP
• From: KENNECOTT ENERGY COLOWYO COAL CO LP
• To: DMG
• Violation No.: CV2001011
• Media Type: D
• Archive: No

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COLOWYO COAL COMPANY L.P.
5731 State Highway 13
Meeker, Colorado 81641
[phone]
[phone] FAX
John D. Harmon
General Manager
//~ Kennecott
~ .Energy
Colowyo Coat Company L.T.
May 23, 2001
Mr. Mike Long RECEIVED
Division Director
Colorado Division of Minerals and Geology MAY 2 5 2001
215 Centennial Building
1313 Sherman Street Division of Minerals 8 Geology
Denver, Colorado 80203
Re: Permit C-81-019. Colowvo Coal Comaanv L.P.
NOV CV-2001-011, Additional Information and Request for NOV Vacation
Dear Mr. Long:
The following information is submitted both to provide the Division with additional
information regarding' Notice of Violation CV-2001-011 ("NOV") and also as a request for a
vacation of the NOV.
For the record, the NOV CV-2001-011 was issued on May 16, 2001 for "failing to
conduct coal mining operations as approved by DMG via Permit No. C-81-019" and
"implementing a technical revision (TR - 53) before obtaining final approval."
The unfortunate incident can be shown to be simply an inadvertent removal of an
approximate 30 feet x 100 feet of coal beyond a lease boundary in an area otherwise partially
approved for mining by a number of agencies and regulatory procedures. The incident occurred
in an area where the coal removal line had previously been staked in the field. Due to a
snowstorm, and nighttime conditions, the loader operator exceeded the coal removal limit line.
Operations personnel have implemented additional procedures to insure that this incident does
not re-occur in the future.
A formal application (Technical Revision, TR-53) for coal removal is currently under
review by CDMG and OSMRE and is anticipated to be approved very soon. The incident in no
way created any environmental harm to land, air or water resources nor did it create an
imminent danger to the health or safety of the public.
Based upon the following information we respectfully request that the NOV be vacated.
• Colowyo has the right of entry for the area associated with Federal Coal Lease #
C-29225.
The subject coal was removed from Federal Coal Lease C-29225. Colowyo has had the
right of entry to C-29225 since August 18, 1988 when the lease was assigned by BHP-
UTAH INTERNATIONAL INC., to Colowyo Coal Company. Acceptance of the lease
assignment was also approved by the BLM on September 1, 1989. Please see the
Colowyo TR-53 application for a copy of these approval documents.