ENFORCE32726

• Permit No: C1994082
• IBM Index Class Name: Enforcement
• Doc Date: 10/30/1996
• Doc Name: YOAST MINE C-94-082 NOV C-96-017
• From: DMG
• To: MICHAEL G ALTAVILLA
• Violation No.: CV1996018
• Media Type: D
• Archive: No

.. 1 •

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman Sl., Room 215
Denver, CO 80207
Phone: [phone]
FA%: 13071872-8106
Settlement Agreement
Notice of Violation b: C-96-017
PermitN: C-94-082
Mine: Yoast Mine
Permittee: Seneca Coal Company
Address: P.O. Drawer D, Hayden, CO 81639
County: Routt
Type of Mine: Surface/Federal
ti •~ C *~
„s.
rave
Roy Rorncr
Governor
rn"heel B. Long
Drvmon Direcmr
The Colorado Division of Minerals and Geology (DMG) issued a Notice of Violation (NOV)
on Aug. 30, 1996. The DMG issued a Notice of Proposed Amount of Civil Penalty on Sept.
19, 1996 and the operator requested a conference as authorized by C.R.S. 34-33-123(8).
The conference was held on Sept. 30, 1996. As a result of the conference, the DMG and the
operator hereby agree that:
1. In order to conduct surface mining coal and reclamation operations a
permit is required. The Colorado Surface Coal Mining Reclamation
Act, C.R.S. 34-33-103(25), defines "surface coal mining and
reclamation operations" as including "all activities necessary and
incident to. the reclamation of such operations." The Act further states
that areas where surface coal mining and reclamation activities occur
include areas where such activities disturb the namral land surface and
all lands affected by the construction of new roads or the improvement
or use of existing reads incident to surface coal mining and reclamation
operations.
2. In order to move a dragline from the Seneca II Mine to the Yoast Mine the
operator widened an existing county road from 40-feet to 60-feet. A revision
in the operator's permit was necessary because the natural land surface was
disturbed and the movement of mining equipment from one mine to another is
incidental to a surface coal mining and reclamation operation and affected the
use of an existing road. The operator submitted a request for a permit
revision on County Road 27, but proceeded to disturb the natural land surface
prior to approval being gained. This revision did nof'address the disturbance
of County Road 27a.