ENFORCE35989

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 9/17/2004
• Doc Name: Request Memo for Extension on 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 St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
DIVISION OF
MINERALS
GEOLOGY
ftECLAMATION•MINING
UfETY•SQENCE
Bill Owens
Date: September l7, 2004 Governor

To:
Ronald W. Cattany, DMG Division Director Russell George
Executive Director
~

From: j ~ `
Daniel 1. Hernandez
Senior Environmental Protection Specialist IJ Ronald W. Cattany
, Division Director
Natural Resource Trustee
Re: Request for 90-Day Extension of NOV Abatement Deadline
Colowyo Coal Company, The Colowyo Mine, DMG Permit No. C-81-019
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 the
Colowyo Mine in unleased federal coal without appropriate State and Federal Approvals.
The DMG NOV contained [he following abatement steps:
(I) 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 [o inform DMG of its intent [o apply to [he US BLM for approval to continue
mining in the area of the violation; and
(3) Either:
(A) By July 30, 2004, CCC was to provide documentation to DMG that all actions required by BLM
to resolve [he matter had occurred, if CCC decided to not pursue further mining in the area,;
Or
(B) By September 2l, 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 OSM approvals.
CCC abated Steps (I) and (2) on July 9, 2004. CCC has further decided to apply to [he BLM for a Lease Modification,
which consequently triggered the September 21, 2004 abatement date of abatement step (3)(B).
On September 17, 2004, CCC submitted a letter dated September 16, 2004 (copy attached) requesting a 90-day
extension of the September 21, 2004 date to December 20, 2004 in accordance with Rule 5.03.2(2).
1 have reviewed CCC's 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 timely applied for and diligently pursued approval of a BLM
Lease Modification; however, due to reasons beyond the control of CCC, the company will be unable to obtain approval
of the BLM Lease Modification in time to submit a Technical Revision to DMG by September 21, 2004.
1 therefore respectfully request your signature on the attached NOV extension form. Coal Program Supervisor David A.
Berry's concurrence, as required by Rule 5.03.2(2), is attached (e-mail of 9/17/04).
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey