ENFORCE35007

• Permit No: C1994082
• IBM Index Class Name: Enforcement
• Doc Date: 11/8/2004
• Doc Name: Pattern of Violations Letter
• From: DMG
• To: Seneca Coal Company
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St, Room 215 C ~ [, ~ RA D
Denver
Colorado 80203 DIVISION O F
,
Phone: [phone] MIN &RA I. $
FAX: [phone] G): (7 I. ~ G Y
RECLAMATION•M ININO
SAFETY•SCIEN CE
November 8, 2004
Bill Owens
Governor
Mr. Gregg Kitchen Russell George
Ezetutive Director
General Manager
Ronald W. Cattany
Seneca Coal Company Division Director
P.O. Box 670 Natural Resource trustee
Hayden, CO 81639
RE: Yoast Mine, Permit No. C-1994-082
Pattern of Violations
Dear Mr. Kitchen:
The Division of Minerals and Geology (Division) Coal Program has determined that a pattern
of violations existed at Seneca Coal Company's (Seneca) Yoast Mine according to the criteria
in Rule 5.03.3(2)(a). Six enforcement actions were taken during the twelve-month period from
July 21, 2003 through June 30, 2004. Three of the enforcement actions, CV-2003-006, CO-
2003-011 and CV-2004-002 addressed sediment control problems and excessive erosion. Two
of the enforcement actions, CV-2003-007 and CO-2003-012 were issued for lack of
contemporaneous reclamation. CV- 2003-008 was issued due to landslide-related damage. A11
enforcement actions have been abated and terminated by the Division. The appeal periods have
passed, with no appeals being filed by Seneca, and a total of $12,750.00 was paid in civil
penalties. These enforcement actions do not appear to represent isolated departures from
overall compliance. I therefore concur with the Coal Program recommendation that a pattern of
violations did exist according to the criteria in Rule 5.03.3(2)(a).
The Coal program is in receipt of the letters from Seneca dated October 7, 2004 and October
29, 2004. In these letters, Seneca describes several circumstances at the Yoast Mine pertaining
to mine planning and implementation, labor and field issues that contributed to the pattern of
violations. Seneca also describes the efforts that have been undertaken to rectify this situation.
First, additional personnel were hired to assist with permitting. Second, Seneca imported two
additional scrapers, one dozer and increased the workforce by five people to complete
reclamation projects. Lastly, Seneca will continue to have a dedicated Reclamation Manager to
communicate and coordinate planning and implementation of permitting and reclamation
projects. Seneca has also committed to maintain the necessary staffing and additional
equipment on site to ensure that all future reclamation projects are kept current.
Rule 5.03.3(2)(c) states the Director may decline to issue a show cause order, if he finds that,
given exceptional circumstances of a particular case, it would be demonstrably unjust to issue
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Mined Land Reclamation Active and Inactive Mines Geological Survey