ENFORCE32867

• Permit No: C1994082
• IBM Index Class Name: Enforcement
• Doc Date: 11/26/1996
• Doc Name: SENECA COAL CO YOAST MINE C-94-082 NOV C-96-017 REQUEST FOR VACATION
• From: DMG
• To: MICHAEL LONG
• Violation No.: CV1996017
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Dep. rimenl of Natural Resoun'c~
131 3 Sherman 51., Room ? 1 5
Denver, Colorado BO'-03
Phone: [phone]
FA% [phone]
DATE: November 26, 1996
TO: Michael Long
FROM: Erica Crosby j ~~
RE: Seneca Coa] Co.
Yoast Mine (C-94-082)
NOV C-96-017; Request for Vacation
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DEPARTMENT OF
NATURAL
RESOURCES
Roy Rome
Governor
dames 5 Lochhead
6ecwive D'venor
Michael B. Long
Division Director
This letter is in response to Peabody Western Coal Company's letter requesting that the
Division reconsider Notice of Violation C-96-017 issued to the Seneca Coal Company's
Yoast Mine (C-94-082). I recommend that the Division vacate NOV C-96-017 due to the
convoluting issues surrounding public roads as defined under the Rules, and issue a new
violation for the disturbance created in order to move the dragline from the Seneca II Mine
to the Yoast Mine. Below is a brief outline of NOV C-96-017 and reasons for vacating the
violation and issuing a new violation;
1. NOV C-96-017 was issued on August 30, 1996 for;
Failure to conduct mining operations within the permit area (RCR 27a),
implementing a revision prior to approval (RCR 27), failure to provide
specifications and geotechnical analysis on the road cut (RCR 27a) and failure
to provide a reclamation plan (RCR 27a).
Steps necessary to abate the violation were to include Routt County Road 27a (RCR
27a) in the permit, submit specifications on the road cut, submit geotechnical stability
analysis on the road cut and submit a reclamation plan on the road cut. The
abatement due date is set for November 30, 1996.
An assessment conference was held on September 30, 1996 and as a result, the
officer concluded that the disturbance associated with moving the dragline from the
Seneca II Mine to the Yoast Mine was considered "surface coal mining and
reclamation operations" as defined by C.R.S. 34-33-103(25). The act states that areas
where surface coal mining and reclamation activities occur include areas affected by
the construction of new roads or the improvement or use of existing roads incident
to surface coal mining and reclamation operations.