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iii iuiiiiiiiiu iii <br />999 <br />~ STATE~OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver. CO 80203 <br />303 866-3567 <br />Fax: 303 8328106 <br />pF COO <br />~e~ 9~ <br />• '~ t <br />a <br />~1876~ <br />Roy Romer, <br />Governor <br />Michael B. Long, <br />DATE: AUgUSt 21, 1992 Division Director <br />TO: David A. Berry <br />FROM: Susan Morrison <br />RE: NOV C-92-018 <br />Seneca II Mine (C-80-005) <br />On August 14, 1992, during a partial inspection of the Seneca II Mine, I issued a notice of <br />violation (NOV C-92-018) for failure to complete construction of the modified Pond 008 <br />spillway. Following is a brief explanation of my reasoning in issuing the above mentioned <br />violation to Peabody Coal Company. <br />1. On May 15, 1991, the Division issued a notification to all coal mine permittees <br />stating that the Division would require modification of combination spillways. <br />The memo stated that construction of modified spillways should be completed by <br />September 1, 1991. <br />2. On August 22, 1991, the Division received a request for a technical revision to <br />the mine permit for modification of the Pond 008 spillway. <br />3. The revision was approved on January 2, 1992. Weather precluded immediate <br />construction of the modified spillway. <br />4. At the time of my May 20, 1992 site inspection, the spillway channel had been <br />excavated and rip rap had been dumped into the channel. <br />5. At the time of my August 14, 1992 site inspection, the rip rap had not yet been <br />placed in the channel as designed, and a construction certification had not been <br />submitted to the Division. <br />6. At the time of my August 18, 1992 site inspection, rip rap placement was <br />completed, and an engineer was at the site preparing the certification documents. <br />SLM\082192B.WP <br />