ENFORCE32452

• Permit No: C1981020
• IBM Index Class Name: Enforcement
• Doc Date: 1/7/2002
• Doc Name: REQUEST FOR PROPOSED PENALTY ASSESSMENT MUNGER CYN MINE C-81-020 NOV CV-2001-018
• From: DMG
• To: DAN HERANDEZ
• Violation No.: CV2001018
• Media Type: D
• Archive: No

r III IIIIII
IIIIIIIIII
999
OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
DATE: Januarv 7, 2002
TO: Dan Hernandez

FROM: ~~
Dan Mathews
RE: Request for Proposed Penalty Assessment
Munger Canyon Mine (C-81-020)
NOV CV-2001-O18
I am requesting your penalty assessment services regarding the above referenced NOV, which 1 issued to
Lodestar Energy, Inc. (LEI), on 12/21/01. January 5 was the ISh day; 30'" day will be January 20. There
are no previous enforcement actions at Munger pertinent to the "History" component ofof the penalty
assessment. Enclosed is the NOV and inspection report of December 21. The NOV was for "Failure to
complete interim reclamation at the Munger Mine bench as contemporaneously as practicable with mining
operations. Specifically, failure to complete placement and stabilization seeding of cover soil over graded
coal waste at the Munger Mine bench by November I, 2001, as specified in approved permit."
Also enclosed is a schedule that had been submitted to me by the operator on 12/17/01. 1 had asked that
they submit explanation as to why the interim reclamation work had not been completed during the fall of
2001. Their schedule begins on July 31, 2001, and focused quite a bit on the time devoted to site cleanup
and sediment pond excavation at [heir adjacent McClave Canyon Mine, resulting from a Flood on August
21. They also mention "inclement weather" (snow and muddy conditions had pretty much precluded
grading work at the site by early December), and delays associated with material testing for stability
analysis.
I was not sufficiently persuaded by their arguments, and issued the NOV. My opinion was that foot-
dragging during the permitting process contributed to the "last minute" nature of the scramble to complete
the analytical work and finish the job before winter.
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
BJI Owero
Governor
Greg E. Walther
Executive DireUOr
Michael a Long
Division Director
The situation began with a DMG mid-term review letter of 8/10/2000. Operator had previously indicated
("unofTicially") that LEI had no plans for future use of theLoma Rail Loadout, and [hat potential for future
use of the mine portals and bench at the Munger Mine (T.C. for the last 20 years) was uncertain. In the
midterm letter, DMG requested amendments to the permit to address timely initiation of reclamation at the
mine and loadout, pursuant to 4.13, "within 60 days". It is pertinent to note that the reclamation plan in the
permit at that time had specified that remaining coal at theloadout would be trucked to the mine bench, and
placed against the base of the highwall during reclamation.
A response TR determined to be "incomplete" was submitted on 10/20/00, and a "complete" TR response
was submitted on I I/17/00. In the response TR (TR-13), LEI formally acknowledged that they had no
plans for future use of the Loma Rail Loadout, but they believed there was a possibility [ha[ theMunger
portals might be used in [he future to access coal seams currently being mined via theirMcClane Mine
Portals. The TR referenced initiation of final reclamation at the loadout and interim reclamation at the
mine bench area, but lacked specificity. In a PAR letter of I/10/01, the Division requested "that text be
amended to specifically commit to completion ofLoma Loadout final reclamation and minesite interim
reclamation (placement of coal lifts, placement of non-toxic cover, and stabilization)by no later than
November 1. 200/ ".