ENFORCE36802

• Permit No: C1981018
• IBM Index Class Name: Enforcement
• Doc Date: 3/8/1994
• Doc Name: EXTENSION OF NOV ABATEMENT BEYOND 90 DAYS NOV C-93-154 DESERADO MINE C-81-018
• From: DMG
• To: MIKE LONG
• Violation No.: CV1993154
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Deparlmenl of Nalu ral Resources
1313 Sherman 51.. Room '15

Denver, Colorado 80203 ~~I~~
Phune' 003) 866-3567
FAX:130JI 832-8106
DEPARTMENT OF
NATURAL
DATE: March 8, 1994 RESOURCES

TO: Mike
Long Roy Romer
Governor
Rrn Salazar
FORM: Larry Routten~ E.rcwivconr~i°~
M ~c hael B Lonp
RE: Extension of NOV Abatement Beyond 90 Days; NOV C-93-4'54';D1eCOf
Deserado Mine (C-81-018)
Western Fuels Utah has requested that the abatement for NOV C-93-
154 be extended beyond 90 days due to inclement weather. A copy of
their written request is attached. I recommend that the abatement
be extended, as indicated on the extension form which is attached
for your signature.
This NOV was issued, in part, for failure to construct permanent
diversions around a coal refuse disposal area. The ditch system on
the ground was not riprapped to safely pass runoff from a 100 year
storm, as required by the regulations. The operator had been
maintaining a temporary ditch around the pile, portions of which
moved as the pile was being constructed. There was apparently some
historic confusion about the regulatory requirements for the
drainage system around the pile.
This NOV was issued on December 16, 1993. After the regulatory
requirements were clarified with the operator, a permit revision
with revised ditch designs was submitted to the Division on January
25, 1994. The Division sent a preliminary adequacy review letter
to the operator on February 22, 1994. The operator responded to
that letter on March 1, 1994. The operator requested the abatement
extension on March 8, 1994, indicating that ground conditions were
too wet to allow access by heavy equipment.
Because the operator is diligently pursuing approval of their
permit revision, and because of the current weather conditions, I
recommend the abatement for this NOV be extended to April 15, 1994.
Step 1 of the required abatement has been completed (redefining the
ditch channels). This extension is as allowed by Rule
5.03.2(2)(c)(i) and (iv).
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