ENFORCE37635

• Permit No: C1994082
• IBM Index Class Name: Enforcement
• Doc Date: 12/22/2003
• Doc Name: Extension of Abatememt Deadline Beyond 90 days ‎(Memo)‎
• From: Mike Boulay
• To: Ron Cattany
• Violation No.: CO2003012
• Media Type: D
• Archive: No

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