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~ ~ III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of NuWral Resources <br />1 } ~ }Sherman Si., Room 215 y <br /> <br />Denvcr, Color,vlu tlOR)3 Il <br />~~ <br /> <br />Phone: 130}l rihh-15h7 I <br />FAX: Lf03) H}!.y106 <br /> DEPARTMENT OF <br />October 17, 1997 NATURAL <br /> RESOURCES <br />Mr. Michael G. Altavilla <br /> <br />Seneca Coal Company Roy Romer <br />Governor <br />P.O. Drawer D lames 5. Lochhead <br />Hayden, CO 81639 Exec Wive Direcbr <br /> Michael B. Lons <br /> <br />RE: Seneca II-W Coal Mine (C-82-057) Division DueUOr <br />NOV C-97-015; Request for Vacation <br />Dear Mr. Altavilla, <br />The Division received your request for vacation of NOV C-97-015. 1'he NOV was issued for failure <br />to maintain the primary spillway, failure to maintain the nonclogging dewatering device and passing <br />out-flow through the emergency spillway of Pond 006. The basis for Seneca's request was that the <br />10-yeaz/24hour storm event was exceeded on Friday, September 19, 1997 and the mine received 4.05 <br />inches of rain from September 18 to the 21st. However, the rain gauge data for the 24 hours <br />preceding the violation date of September 26, 1997 indicates rainfall between 0.01 and .35 inches, well <br />below the 10-yeaz/24-hourpredicted storm event of l.7 inches. After reviewing Seneca's request for <br />vacation, the Division inspector's observations and permit information, it is not readily apparent that <br />the NOV should be vacated. Therefore, I am declining Seneca's request to vacate the NOV. <br />I would encourage you to pursue your case for vacation of the NOV through the informal assessment <br />conference process. All of the factors which need to be considered can be heazd in a more thorough <br />manner in that forum. <br />If you have any questions, feel free to contact me or Erica Crosby. <br />Sincerely, <br />Michael B. Long <br />Director <br />cc: Susan McCannon <br />Larry Routten / <br />Erica Crosby ~/ <br />c:\esc\seneca2w\0l Sml <br />