ENFORCE33658

• Permit No: C1981012
• IBM Index Class Name: Enforcement
• Doc Date: 1/12/2007
• Doc Name: Request for Vacation Memo and Attachments
• From: Kent Gorham
• To: David Berry
• Violation No.: CO2006007
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Interoffice Memo
Date: January 12, 2007
Ta David Berry
Cc: Sandy Brown ``//~~AArr-
Fltwn: Kent Gorharrl~~
h~y~~
RE: CO-2006-007 Request for vacation, New Elk, Permit#C-81-012
COLORADO
DIVISION OF
RECLAMATION
MINING
-&-
SAFETY
Bill Owens
Governor
Russell George
Executive DirecYOr
Ronald W. Cottony
Division Director
Natural Resource Trustee
Attached please find a request for vacation of CO-2006-007 from Ron Thompson, Agent acting on
behalf of Picketwire Processing, LLC. As you may recall, this cessation order was written for failure to
abate NOV CV-2006-003, an NOV written for failure to provide adequate bond for the New Elk Mine.
Please note that Mr. Thompson refers to the cessation order as a "closure order' but has confirmed
verbally that he is indeed referring to the cessation order CV-2006-007.
Staff recommends that CO-2006-007 be vacated. Staff agrees with the operator's contention that they
did submit adequate bond within 90 days of the issuance of the CV-2006-003. During that time, the
operator remained in close contact with the Division and was diligent in pursuing necessary bonding
under rapidly changing circumstances. Staff does not feel that additional monetary fines over and
above the monetary penalty already assessed on CV-2006-003 is warranted for the cessation order'
because the cessation order is administrative in nature and environmental harm or damage did not
occur.
Office of Office of
Mined Land Reclamation Active and Inactive Mines