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III IIIIIIIIIIIII III 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Deparlmenl of Naiurdl Resources 131 S Shcrm, n St.. Room 215 + Denver, Colorado 80'-OJ l ~ f'Ihanc 17071866-3567 I FA%. (3031 83?-8106 DEPARTMENT OF NATURAL August 8, 1997 RESOURCES Mr. Rick Mills Roy Rnmer Governor Twentymile Coal Company Iames5lochhead 29587 Routt County Road #27 Errcwive Director Oak Creek, Colorado 80467 ht¢hael B. Long Division Direcor RE: Foidel Creek Mine, Permit #C-82-056, Notice of Violation # CV- 97-O1 l Dear Rick: Attached please find Notice of Violation (NOV) #CV-97-011 for implementing a revision prior to receiving final approval and failure to conduct mining activities in accordance with the approved mine plan. The issuance of this NOV is the result of the situation which came to the attention of our inspector during a regular inspection of the Foidel Creek mine on July 28-30, ] 997. At that time representatives of Twentymile Coal Company (TCC) indicated the precise location where submain development was being conducted for the Eastern Mining District. The azea which is being developed is not within the development azea indicated on Mine Plan Map #23 within the permit. Rather, the azea which is being developed is within the proposed development area depicted on Mine Plan Map #23 which was submitted on April 2, 1997 as part of Permit Revision 04. As you are awaze, PR 04 has not yet been approved. submain development in the area where it is currently occurring is therefore not approved and represents implementation of a revision prior to approval and a failure to follow the approved mine plan. In addition to the fact that the location change has not yet been approved, our concerns aze as follows: The submains are being developed off of the 6R gateroad rather than the 7R gateroad, as depicted on the approved Mine Plan Map #23. submain development as it is currently envisioned includes six entries rather than five. BLM approval for movement of the submain location and development mining of the federal coal has not been granted. The affected area from underground mining has been increased. Potential subsidence impacts to structures within the new affected area have been increased. During the past several days DMG and TCC representatives have had several conversations regarding this situation. On Monday August 4, 1997 we suggested two alternative approaches to the situation; 1) TCC voluntarily discontinue unapproved submain development activities and submit a revision request to approve development activities within this area sepazate from PR 04. 2) DMG issue a NOV which orders cessation of unapproved submain development activities,