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j STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY - Department of Natural Resources 7313 Sherman St., Room 215 C O L O IZ.~D O Denver, Colorado 80203 D (VISION O F Phone: (303) 8664567 M I N s RA L$ FAX: (303) 832-8106 G E O L O G Y 0.ECLAN ATION•MIN ING SAEETY•ECIENCE Bill Owens Governor Russell George SETTLEMENT AGREEMENT JUSTIFICATION Executive DIreLTOr Seneca Coal Company Ronald W. Cattany Yoast Mine-Permit Number C-1994-082 Division Director Natural Resource Trustee Notice of Violation No: CV-2004-002 James B. McArdle, Conference Officer ~~ The Notice of Violation Number CV-2004-002 was issued on June 30, 2004 for failure to construct and maintain appropriate sediment control measures to minimize erosion; failure to retain sediment within the disturbed area; failure to divert runoff using protected channels; failure to implement measures that reduce overland flow velocity and runoff volume; and failure to maintain drainage control structures, and failure to maintain culverts to safely pass the 10 year, 24 hour precipitation event. The portion of the operation to which this violation applies is the Haul Road B from Culvert YB-6 to YB-1 and Annand Draw drainage from Culvert YB-6 to Pond 010. All are located within the permit area but outside of the area of disturbance. On August 24, 2004, an Assessment Conference was held at 1313 Sherman Street, Room 215, Denver, Colorado. In attendance, in addition to the Conference Officer, was Mr. Michael Boulay and Mrs. Sandra Brown representing the Division and Mr. Roy Karo and Mr. Jay James representing the operator. Michael presented testimony outlining the details of the violation. An aerial view of the permitted mine was provided by the operator. Approximately 15 pictures were passed around showing partially filled culvert pipes, an erosion gully and a wetland~.sediment deposition area. Photo's were also distributed showing that most of the required abatement has been completed prior to the September 28, 2004 deadline. The requirements of the law and the permit were discussed. Required abatement included repairing the erosion gully and protecting the site from future erosion; repairing erosion and riprapping the outtalls of YB-6 and EX-4; cleanout of the culverts YB-6 and YB-1. Mr. Roy Karo questioned when the erosion gully had actually started and suggested that it may have actually started prior to 1997. Haul road drainage was contributing to the flow as is the area of disturbance upstream of the NOV site. Clean water is more erosive and possibly contributed to part of the erosion seen in the photo's. Mr. Jay James pointed out that the culvert intakes were open and that only the outlets were beginning to fill with sediment. Also, Roy provided evidence that the company had notified the Division, in the March 29, 2004 proposed reclamation map, that gully repair work was scheduled. Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey