2008-08-20_ENFORCEMENT - C1981019 ‎(2)‎

• Permit No: C1981019
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/20/2008
• Doc Name: Memo Regarding Notice of Violation
• From: Sandy Brown
• To: David Berry
• Violation No.: CV2008003
• Email Name: SB1
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
D I V IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Internal Memorandum Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
To: David Berry an Ron Cattany Division Director
From: Sandra Bro Natural Resource Trustee
DATE: August 20, 2008
RE: Colowyo Mine, Permit No. C-1981-019
Notice of Violation CV-2008-003
Jim Stark conducted an inspection of the Colowyo Coal Company on July 23, 2008.
During that inspection he observed that Colowyo had initiated construction on a ditch
modification/extension for which they had submitted Technical Revision 71; but they had
not yet received approval for the modified ditch. The proposed modified ditch is in a
different configuration and adds approximately a ten percent increase in watershed than
what is currently approved. As a result of this observation a Notice of Violation was
issued to Colowyo Coal Company for `failure to obtain proper approval for the designs of
the Section 16 Pond ditch and failure to demonstrate compliance with Rule 4.05.9(2) for
the Section 16 Pond".
Colowyo Coal Company has requested that the NOV be vacated in a letter dated August
12, 2008. In their letter, Colowyo acknowledges that they initiated construction on the
modified ditch prior to receiving approval and they list several reasons for that. I believe
the factors they present in their letter can be considered when the proposed penalty is
assessed; however I do not believe they are reason to vacate the NOV. The Division
recommends that the NOV be upheld.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines