ENFORCE35030

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 3/4/2005
• Doc Name: Memo on Request for 3rd 90-Day Extension for Abatement
• From: DIH
• To: RWC
• Violation No.: CV2004001
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman 6t., Room 2 t 5 C O L O RA D O
Denver, Colorado 80203 D t v I S t o N o f
Phone: [phone] MIN &RA L 5
FAX: [phone] G E O L O G Y
REC LAMATION•MINING
SAFETY•SCIENCE
Date: March 4, 2005
To: Ronald W. Cattany, DMG Division Director Bill Owens
~~~ Governor
From: Daniel I. Hernandez, Senior Environmental Protection Specialist Russell cenrge
Executive Director
Re: Request for Third 90-Day Extension of NOV Abatement Deadline Ronald W. Cattany
Division Director
Colowyo Coal Company, The Colowyo Mine, DMG Permit No. C-81-019 Natural Resource Trustee
DMG Notice of Violation CV-2004-001
The Division of Minerals and Geology (DMG) issued Notice of Violation (NOV) CV-2004-001 to Colowyo Coal Company
(CCC) on June 22, 2004. This NOV was issued to CCC for conducting surface coal mining operations at [he Colowyo Mine
in unleased federal coal without appropriate State and Federal approvals.
The DMG NOV contained the following abatement steps:
(1) By July 9, 2004, CCC was to submit a Minor Revision to its DMG permit to identify the area where the
violation had occurred;
(2) By July 9, 2004, CCC was to inform DMG of its intent to apply [o the US Bureau of Land Management
(BLM) for approval to continue mining in the area of the violation; and
(3) Either
(A) By July 3Q, 2004, CCC was to provided documentation to DMG that all actions required by BLM to
resolve the matter had occurred, if CCC decided to not pursue further mining in the area;
Or
(B) By September 21, 2004, CCC was, upon receiving approval from BLM to continue mining in the area
of the violation, to submit a Technical Revision to its DMG permit requesting expansion of current
mining operations into the area of the violation, and to obtain all necessary US Office of Surface
Mining (OSM) approvals.
CCC abated Steps (1) and (2) on July 9, 2004. CCC submitted a Lease Modification Application to BLM on August I8,
2004, which consequently triggered the September 21, 2004 abatement date of abatement step (3)(B). CCC subsequently
submitted to DMG on September 17, 2004 a request to extend the September 21, 2004 abatement deadline to December 2Q,
2004 to allow time for BLM to process CCC's Lease Modification Application. DMG approved this request on September
17, 2004. CCC, on December 6, 2004, submitted a request for a second 90-day extension of [his NOV abatement deadline
(to March 2Q, 2005), to continue to allow BLM time [o process CCC's Lease Modification Application. DMG approved this
request on December 10, 2004. CCC, on March 2, 2005, submitted a request for a third 90-day extension of this NOV
abatement deadline (to June 18, 2005), to continue to allow BLM time to process CCC's Lease Modification Application.
I have reviewed CCC's latest request, and find that it meets the requirements of Rule 5.03.2(2) for approval. CCC is a
permittee of an ongoing permitted operation, and has applied for and diligently pursued approval of a BLM lease
modification; however, due to reasons beyond CCC's control, [he company will be unable to obtain approval of the lease
modification in time to submit a Technical Revision to DMG by March 20, 2005.
1 therefore respectfully request your signature on [he attached NOV extension form. Coal Program Supervisor David A.
Berry's concurrence, as required by Rule 5.03.2(2), is attached.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey