ENFORCE32344

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 1/26/2004
• Doc Name: Request for Abatement Extension Memo
• From: DTM
• To: DAB
• Violation No.: CV2003014
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7 313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
DATE: January 26, 2004
TO: David Berry /~
FROM: Dan Mathews r /i/ /
RE: Request for Abatement Extension Beyond 90 Days
Seneca Coal Company, Seneca II-W Mine (Permit C-82-057)
NOV CV-2003-014
Seneca Coal Company has submitted a request for extension of abatement of NOV CV-
2003-014 beyond 90 days, pursuant to Rule 5.03.2(2)(e). It is my recommendation that
the requested extension beyond 90 days be granted, and that the extension be granted for
the maximum allowable period (90 days). The circumstances regarding this extension
request clearly fall under the qualifying cirqumstances of Rule 5.03.2(2)(c)(iv) (W)here
climatic conditions preclude abatement within 90 days, or where, due to c//matic
conditions, abatement within 90 days clearly would cause more env/ionmental harm than it
would prevent.
I issued the NOV on November 21, 2003 for (F)ailure to stabi/ize or repair ri//s and gut/ies in
compliance with the approved permit plan and schedule...
The NOV applied to numerous hillslope gullies and eroded drainage segments on reclaimed
areas at Seneca Coal Company's Seneca II-W Mine, a large active surface mine in Routt
County, south of Hayden. Two abatement steps were specified in the NOV. Step 1
required submittal of a complete minor revision "detailed repair plan". This step was
,resolved within the specified time frame. Step 2 was to (/Jmp/ement and comp/ete
approved plan requited by Step 1, on or before February 19, 2004.
RAD O
O N O F
RALS
EOLOGY
:LAMATION•NINING
SAf ETT•SCIENCE
Bill Owens _
Governor
Greg E. Walther
Executive Director
Ronald W. Cottony
Division DireRar
Natural Resource Trustee
It was clear at the time I issued the NOV that Step 2 abatement would not be feasible
within the specified 90 day time frame. The mine is located at an average elevation of
approximately 8000 feet, and winter conditions had already set in. Most areas of the mine
had snow cover from 3 to 12 inches deep at the time the NOV was issued, and there has
been additional significant snowfall since that time. Many of the Bullied areas are on
relatively steep slopes, and repair will entail regrading, topsoil replacement and revegetation.
Such activities cannot be effectively completed under conditions of snow cover, frozen, or
saturated soils, and as such, the operator will not be able to initiate the field work until late
spring. Initiation of the work prior to suitable soil conditions would be impracticable,
ineffective, and would cause more environmental harm than it would prevent.
For these reasons, my recommendation is that the requested extension be granted for the
maximum 90 days (to May 19, 2004).
Office of Office of