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`~ N, <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 C O L D RA D O <br />Denver, Colorado 80203 DIVISION O F <br />Phone: (303) 8663567 MIN & A L $ <br />FAX: (303) 832-8106 G E O L O G Y <br />REC LAMATION•MIN INL <br />SAFETY•SCIEN CE <br /> Blll OWPnS <br /> Governor <br /> Russell George <br />INTEROFFICE MEMORANDUM Executive Director <br />DIVISION OF MINERALS AND GEOLOGY Ronald W. Cattany <br /> Division Director <br /> Natural Resousce Trustee <br />TO: Ron Cattany <br />FROM: Mike Boulay (~ <br />DATE: December 22, 2003 <br />SUBJECT: Yoast Mine (C-1994-082) <br />Cessation Order CO-2003-012 <br />Extension of Abatement Deadline Beyond 90 Days <br />Seneca Coal Company (SCC) has requested aninety-day extension of the abatement deadline for <br />CO-2003-012. The current abatement deadline is January 19, 2004. A ninety-day extension <br />would set the deadline at April 18, 2004. Under 5.03.2(2)(c) the Director can grant a 90-day <br />extension if one or more specific criteria apply. The applicable criteria for extending this <br />abatement deadline, is that the climatic conditions preclude abatement within 90 days. I am <br />requesting your approval for this extension. This memo provides the Division's justification for <br />granting the extension. <br />This cessation order was issued on October 22, 2003 for failure to complete the abatement steps <br />required by Notice of Violation NOV CV-2003-007. During a complete inspection on July 15, <br />2003, it was noted that backfill and grading operations had not been completed in accordance <br />with the approved backfilling and grading schedule. The area designated for backfill and grading <br />in 2001-2002 had not been completed. Notice of Violation CV-2003-007 was issued on July 21, <br />2003 for failure to comply with permit conditions, failure to complete rough backfilling and <br />grading within 180 days following coal removal, and for failure to conduct topsoil redistribution <br />and seeding according to the reclamation schedule and established timeframes. SCC specifically <br />violated Rules 4.14.1 (c) Backfilling and Grading and 4.15.3 (1) Seeding and Planting. The time <br />for abatement was 90 days (on or before October 20, 2003). <br />A follow up inspection of the site was conducted on October 21, 2003. At the time of the <br />inspection, a significant portion of the 2001-2002-polygon area had still not been backfilled and <br />graded, topsoiled, and seeded. SCC failed to meet the requirements of Abatement Steps 1 and 2 <br />ofNOV CV-2003-007 within the required abatement timeframe. Cessation Order CO-2003-012 <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />