ENFORCE32200

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 5/23/2007
• Doc Name: Operator Comment Letter
• From: Seneca Coal Company
• To: DRMS
• Violation No.: CV2007002
• Media Type: D
• Archive: No

E
S cr~cor~.nr Seneca Coal Company
May 22, 2007
Ms. Sandra Brown
Division of Reclamation, Mining and Safety
1313 Sherman Street, Room 215
RE~~n~,`~
MAY 2;i Cuul
Division of r,,,,.~
Mining and Safety
Denver, CO 80203
[phone]
RE: Seneca II-W Mine (Pemtit C-1982-057)
NOV CV-2007-002
Ms. Brown,
Seneca Coal Company (SCC) has reviewed the NOV dtation issued by Dan Mathews on May 5, 2007. After reviewing
the "Attachment to NOV CV-2007-002", Seneca Coal Company (SCC) does not believe that issuance of an NOV is
wazranted and has developed the following explanation and discussion related to the items listed in accordance with
Rule 5.04.3(1) and (2).
NATURE OF VIOLATION
Failure to derign, conrtruct, and/ar maintain permanent reclamation doper and featurer including aegmentr ojportmine drainage
channel and segment of light use road and arrociated ditching, ar necerrary to:
• Minimize erorion to provide protection far toproi! and vegetation [4.OSS(1)(cJ];
• Minimise a%rion and rlippage [4.14.2(5)); and
• Prevent damage to public orprivate property [4.03.3(1)(a)J.
In order to understand the current nature of the issue, we must look at the history of this azea to establish the setting
that ultimately led to the minor slide that has led to this additional notice of violation.
This area is a steep east facing slope where coal outcropped on the face of the slope. This area is referred to as the
Neck Pit. SCC designed a plan to remove the coal to outcrop. In January 2001, a portion of the neck pit was blasted
and resulted in flyrock, mud and snow covering unsalvaged topsoil below the outcrop and subsequently a notice of
violation (CV-2001-002) was issued. This is Slide #1. This violation was abated according to a Modification Notice
issued June 19, 2001 that stated `Modi[y the abatement rtepr forNOV C'V 2001-002 to include burial and compaction of the larger
rockr at the bare of the Aide area, replace toproil and reed the entm nape where damage oczumd I~ereed and reclaim the temporary acrerr
road above Pond Ol S to the bare of the rdide area. " The area was regraded to the extent possible, the large rocks buried and
the area was reseeded. The violation was abated on November 1, 2001.
SCC completed backfilling and grading, topsoiling, and seeding of the entire neck pit azea during 2005. As part of this
regrading, the landowner requested that a light use road be left along the edge of the disturbed area betwern the pit and
the steep lower slope. Alight use road was constructed with appropriate width, drainage and culverts. During the
winter of 2005/2006 a lazge snow drift formed along the slope break next to the light use road and along the initial
violation azea. Spring snow melt resulted in the saturation of the slope below the dri& and a slide developed. This is
Slide #2. Subsequently a remediation plan (TR-55) was designed to repair Slide #2. As par of this plan the watershed
was reconfigured to direct mnoff to the south, thereby diverting water away from this slide azea #2. The area was
Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639
Telephone [phone] • FAX [phone]