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Powderhorn Coal Company (PCC) P.O. Box 1430 Palisade, CO 81526 303-464-7951 C-81-041 Roadside and Cameo Mines 6/3/94 Federal NOV follow-up inspection Mitchell S. Rollings, 370, OSM Larry Reschke, PCC Brian Dunfee, Peabody Western Coal Company (PWCC) Federal NOV 93-020-370-001, TV1, was issued 2/23/93. A combined temporary relief and fact hearing was held in April 1993. Temporary relief was granted at this hearing. The ALJ rendered a decision upholding the NOV in April 1994. An extension of the abatement date was granted in May 1994, that extended the abatement date to 5/29/94. This date represents an abatement time period of the full ninety days allowed by SMCRA for corrective action of an NOV. The modification was hand delivered on 5/9/94. There were a number of conversations with PCC and PWCC (acting in a consultant capacity) prior to this inspection. Conversations were centered around what 30 CFR requirements PCC must meet in order to get an extension beyond ninety days, what work was being accomplished toward abating the violation, and what plans existed for final abatement of the violation. In regards to actual on the ground abatement of the violation, and as of this inspection, PCC had started placing cover material on CRDA 1. Scrapers had made a pass depositing material on one level across the face of the waste pile. A bulldozer was pushing material downslope. Nothing had been done to CRDA 2 in terms of covering the pile with suitable material. Failure-to-abate Cessation Order (FTACO) 94-020-370-001, TV1, was issued as a result of this inspection. At some time during the appeal process, DMG approved alternative cover depths for the two waste piles. I told PCC that covering the piles to these alternative depths would be acceptable for abatement of the violation. It was my understanding that the time identified as the favorable planting period for the approved permanent seed mix had passed and the next favorable time would be late summer -fall. Since the approved permit allows oats to be seeded as a temporary erosion control measure until the permanent species can be seeded, I stated that this would be acceptable. The FTACO was hand delivered on 6/3/94.