ENFORCE31169

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 9/26/2005
• Doc Name: 2nd Extension of Time for Abatement of Notice of Violation Part 2 Memo
• From: Byron Walker
• To: Ron Cattany
• Violation No.: CV2005005
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL, Room 215 C O L O RA D O
Denver, Colorado 80203 DIVISION o r
Phone: [phone] MINERAL S
FAX: [phone] G E O L O G Y
REC LAM ATION•MIN ING
SAf ETY•ECIENCE
Interoffice MEMORANDUM
Bill Owens
Governor
to: Ronald W. Cottony, DMG Division Director R°sse'I George
~j~' Executive Director
thru: David Berry, Coa( Program SupervisoY/`"~--:'> Ronald W. Canany
thru: Daniel I. Hernandez, Senior Environmental Protection Specialist'jjj ~ Division Director
from: Byron G. Walker, Environmental Protection Specialist ,/~~ Natural Resource Trustee
subject: Second Extension of Time for Abatement of Notice of Violation CV-2005-005
Part (2)
date: 26 September 2005
Due to an error in the public notice that extended the public review comment period beyond the
original schedule and beyond that required by the Rules, a (second) extension is required for time
to abate Notice ofViolation CV-2005-005 part (2).
The Division of Minerals and Geology (Division) issued Notice of Violation (NOV) CV-2005-
005 to the Twentymile Coal Company (Company) on 13 May 2005. This NOV was issued to the
Company for Part (I) Failure to completely remove topsoil, and Part (2) Failure to properly
protect stockpiled topsoil. Part 1 has been abated. Part 2 requires a second extension of time for
abatement.
The Company elected (13 June 2005) Part (2)(b) as the course of remedial action for Part (2).
The time for abatement of Part (2)(b) was established as 8 August 2005. The time for abatement
was extended to 7 October 2005 on 4 August 2005. A summary of events associated with Part
(2)(b), including those leading to the first time extension, is as follows:
13 May 2005 issuance of NOV.
09 Jun 2005 submittal of Technical Revision 50 (TR-50) application to abate Part (2), election
of Part (2)(b) as the course of remedial action.
17 Jun 2005 the Division found TR-50 incomplete.
23 Jun 2005 receipt by the Division of a Company request for an assessment conference.
11 Ju12005 the Division advised the Company of TR-50 prerequisite interfaces with
concurrent Technical Revision 48 (TR-48) and Minor Revision 194 (MR-194)
applications.
15 Jul 2005 issuance of Notice of Proposed Amount of Civil Penalty, Request for Conference.
20 Ju12005 assessment conference held.
22 Ju12005 transmittal of the Settlement Agreement and the Settlement Agreement
Justification by the Division to the Company.
29 Jul 2005 acceptance of the Settlement Agreement and the Settlement Agreement
Justification by the Company
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey