ENFORCE37461

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 1/2/1996
• Doc Name: COLOWYO COAL MINE C-81-019 NOV C-95-026
• From: DMG
• To: MIKE LONG
• Violation No.: CV1995026
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman 51., Room 215
Denver, Colorzdo 80?U3
Phone [phone]
FAX: [phone]
DATE: January 2, 199
TO: Mike Long
FROM: Erica Crosby
RE; Colowyo Coal Mine (C-81-019)
NOV C-9S-026
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DEPARTMENT OF
NATURAL
RESOURCES
Roy Romei
Govemo~
)amen S Lochhead
Execwne Dvectar
Michael B. Lung
Division Duecioi
The Division received Colowyo's request to vacate NOV C-9S-026 December 14, 1995. I
believe the NOV is warranted and recommend that you deny their request for vacation.
Below is a brief outline of the violation and reasons for upholding the violation.
The Division wrote Notice of Violation (NOV) C-9S-026 to the Colowyo Coal Mine (C-81-
014) on December S, 1995 for;
Failure to seed the temporary windrow topsoil piles in the East Pit with a cover of
non-noxious, quick growing annual and perennial plants as stated in the permit;
failure to mark temporary piles; and failure to spread in the time frame noted in the
permit (spring of following year).
The violation applies to the topsoil piles in five distinct areas. The piles in Section 11 (900'
long), and Center of East Pit (800' long) were placed in the Fall of 1994. The remaining
three piles were placed in the Fall of 1995; East of Gulch A Ditch (480' long), 025
Substation (900' long) and West End of East Pit (100' long).
Abatement of the NOV basically requires Colowyo to seed the windrow piles with seed mix
approved and in accordance with the permit, place topsoil signs on all piles and redistribute
piles over the reclaimed area as required in the permit (Spring of 1996}. The NOV has not
yet been abated.
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STATE OF COLC~1tAU0
I have a few comments regarding the letter submitted by Colowyo and reasons for not
vacating the violation. The comments are as follows;