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III IIIIIIIIIIIIIIII ~ <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman Si., Room 215 <br />Denver. CO 80203 <br />303 866-3567 <br />FAX 303 832-8106 <br />OF' CDy~ <br />„~~8 <br />i'' e,u <br />r <br />~ /896 ~ <br />Roy Romer, <br />Governor <br />Michael B. Long, <br />Division Director <br />DATE: August 21, 1992 <br />TO: David A. Berry <br />FROM: Susan Morrison <br />RE: NOV C-92-023 <br />Seneca II Mine (C-80-005) <br />On August 17, 1992, as a result of an August 14, 1992 partial inspection of the Seneca II Mine, <br />I issued a notice of violation (NOV C-92-023) for failure to contemporaneously reclaim portions <br />of the Wadge and Wolf Creek mining areas. Following is a brief explanation of my reasoning <br />in issuing the above mentioned violation to Peabody Coal Company. <br />1. During my May 20, 1992 inspection, I discussed reclamation requirements in the <br />Wolf Creek and Wadge mining areas with the operator. I expressed a concern <br />with the increasing amount of disturbance in these areas. Large areas behind the <br />pits had been graded but topsoil had not been replaced. The operator stated that <br />he believed the areas were covered by a reclamation variance issued by the <br />Division in 1987. <br />2. I reviewed revisions granting reclamation delays in the area, and found that <br />approximately 60 acres of graded spoils were not covered by that variance. <br />3. During my August 14, 1992 site inspection, I informed the operator that <br />reclamation activities in the Wolf Creek and Wadge pit areas appeared to be <br />somewhat behind schedule. I told the operator that I would research the matter, <br />and that a violation would likely be cited. <br />4. Looking into the matter I found that Page 9-9 of Tab 9-1 of the approved Seneca <br />II Mine permit application package states that mining areas will be graded and <br />topsoiled within one year of initial disturbance. <br />The areas cited in the violation were mined during or prior to 1989 and had not <br />been topsoiled or seeded. <br />