ENFORCE29286

• Permit No: C1980005
• IBM Index Class Name: Enforcement
• Doc Date: 6/28/1984
• Doc Name: NOV TERMINATION NOTICE
• Violation No.: CV1984073
• Media Type: D
• Archive: No

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DEPARTMENT OF NATURAL RESOURCES
DaNd H. UaChaa, l~aeutlw Dlnctor
MINED LAND RECLAMATION DIVISION
DAVIDC. SNELTON, Dlnetor
Richard D. Lamm
Owamw
NOTICE OF VIOLATION TERMINATION NOTICE
Notice of Violation No. C-84-073
Permit No. C-005-80
Operator Pea o y oal Company
Mail Address Drawer D
Ha den, Colora o 81639
nspec or Anne Baldrige
Mine Seneca II
Type of Mine Surface. Coal
County Routt
Permittee Peabodv Comoanv
Mail Address
Date of Inspection and Subsequent Violation Mav 8-9. 1984
According to Rule 5.03.2(5)(d), the Division is to send written notice to an
operator when a violation is terminated. Rule 5.03.2(5)(d) states:
"An authorized representative shall immediately terminate a notice of
violation or cessation order by written notice to the person issued the
notice or order or his designated agent when such representative
determines that all conditions, practices, or violations listed in the
notice or order have been abated..."
As the Rule states, the Division terminates a notice of violation when all
conditions, practices, or violations have been abated. That is, it is
terminated when the rop blem has been rectified and no longer exists. The
process for the assessment of civil penalty is not affected by the notice of
termination.
Therefore, pursuant to Rule 5.03.2(5)(d), this letter serves as a written
Notice of Termination for the above referenced Notice of Violation.
If you have any questions please contact me.
Mined Land Reclamation Division
By ~~~~~;~ Oate f~ 98
~ au orize representatlve
Sandra L. Emrich
Reclamation S ecialist
prln ame an t e
Doc. No. 1064
423 Centennial Building, 1313 Sherman Street
Denver, Colorado 80203 Tel. (30'+) 866-3567
Dear Ms. Emrich:
Re: Seneca II Permit C-005-80, NOV C-84-73 and C-84-74
As prescribed in the NOV's issued on May 8/9, 1984, Peabody Coal Company
has initiated abatement procedures. The following describes the extent
of those procedures to date.
C-84-73 (Failure To Salvage Topsoil)
On Friday, May 11th, 1984 a backhoe was contracted to initiate the abate-
ment procedures; Seneca Mine does not have a backhoe. Road material
was pulled back from the undisturbed area as directed in the NOV. This
activity was completed on May 14th, 1984.
It was also stated in the NOV that topsoil should be salvaged from the
road shoulder if necessary. PCC feels that attempting to salvage topsoil
at this time, and possibly anytime, would only cause additional disturbance.
The topsoil in this area is extremely wet this time of year and due
to its close proximity to Little Grassy Creek, may never dry out. PCC
recommends instead to narrow the proposed reconstruction of the road
and move the alignment as far east as possible. This will only be conducted
if concurrence on this proposal is obtained from CMLR.
C-84-74 (Failure to Maintain Haul Road)
Abatement procedures as prescribed in the NOV were initiated on May 15,
1984. Work in this area is still being conducted. CMLR will be notified
when the violation abatement procedures have been completed.