ENFORCE37391 - Laserfiche WebLink

Home Browse Search

-; ~~~--~/~ennec®tt E/'e,°gy Colawyo a;na3 phone ~, ~. , c. c,-ec:n s~nn Sr. cnviron~eria! Ero~imee* February 16, 2005 RECEIVED FEB 2 2 2005 Mr. Ron Cattany Director Colorado Division of Minerals & Geology 1313 Sherman Street -Room 215 Denver, Colorado 80203 (303) 866-3567 Division ~I Minerals and Geology RE: Response to NOV No. CV-2004-006, Dated December 21, 2004, Colowyo Coal Mine Permit No. C-81- 019 Dear Mr.Cattany: On December 21, 2004 Colowyo Coal Company, L.P.(Colowyo) received a Notice of Violation for "two incidents of failing to notify the Division within 5 days after receipt of analytical results of a monitored surface water discharge that indicated noncompliance with a permit condition or applicable standard." Colowyo was surprised and disappointed that the Colorado Division of Minerals and Geology (CDMG) chose to pursue the use of formal enforcement action for this compliance issue. Colowyo feels that formal enforcement was not warranted for this type of administrative infraction. To support this statement, the Water Quality Control Division (WQCD), who is responsible for effluent discharge permits in the State has found no reason to take formal enforcement action. Because of this and other background information listed below, Colowyo respectfully request's that your office review-NOV CV-2004-006 and consider vacating the notice of violation for the following reasons. • Impact to the environment and the administrative misdoings were negligible in magnitude. • The enforcement discrepancy in the handling of these incidents by CDMG versus WQCD is significant and appears to be a lack of agency coordination while dealing with a dual regulatory circumstances. • CDMG and WQCD have mutually agreed upon specific roles and responsibilities as outlined in the MOU between the agencies, however it appears that CDMG has not followed the respective guidance under the MOU regarding dual enforcement action and primacy with respect to CDPS discharge permits. In order to provide some background and supporting information for your review, the issues of concern and events that took place are as follows. Colowyo had two incidents where sediment ponds were monitored in July and August of 2004 and the analytical reports indicated exceedences for two parameters (TSS and SS). These exceedences were not reported to CDMG or WQCD within the 5 days because Colowyo did not realize Ar:f~L:P~ "4in.- Cob noyn A•~nm C„i, i.m ~ ~i~,~a ..^.hn.r . i.n.ou~ R:nu-!i ~qmr S~HUW C~+•~ k'vknr .~i i:i.