2008-11-20_ENFORCEMENT - C1981019

• Permit No: C1981019
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/20/2008
• Doc Name: Request for 90 Day Extension of NOV ‎(Memo)‎
• From: Jim Stark
• To: Ron Cattany
• Violation No.: CV2008004
• Email Name: JRS
• Media Type: D
• Archive: No

STATE OF COLOMDO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
INTEROFFICE
MEMORANDUM
TO: Ron Cattany
FROM: Jim Stark
SUBJECT: Request for 90-Day Extension of NOV Abatement
Colowyo Mine C-1981-019
Notice of Violation CV-2008-004
DATE: 20 November 2008
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
The Division issued Notice of Violation (NOV) CV-2008-004 to the Colowyo Coal Company's (CCC)
Colowyo Mine on 26 August 2008, with an abatement date of 24 November 2008. The NOV was issued
for numerous violations related to storm water runoff in the Prospect drainage and the Prospect Pond.
The Division's abatement contained five parts. Parts 2, 3 and 4 of the abatement have been complied with
to the Division's satisfaction. The first part of the abatement was the cleaning of sediment from the
Prospect Pond. This step required special equipment that CCC does not own and required the hiring of a
contractor. Further, the time it will take to clean the pond is greater than the original abatement allows for
and is subject to weather conditions in Northwest Colorado. The fifth part of the abatement requires
Colowyo to submit a complete Technical Revision to the Division detailing methods that will be
immediately implemented in the Prospect watershed to reduce the peak flow to the Prospect Pond. The
specifics of this step were discussed at length and agreed upon during the penalty assessment conference
for the NOV.
As stated above, the current abatement date for this NOV is 24 November 2008. In a letter dated 18
November 2008, CCC has formally requested an additional 90-days to allow adequate time to safely clean
the Prospect Pond and 30 days to submit the required complete Technical Revision. The request by CCC
meets the requirements of Rule 5.03.2(2) for approval.
I am requesting that you please sign the attached NOV extension form, extending the deadline for
abatement steps 1 and 5 to 20 February 2009 and 24 December 2008, respectively. As noted below, Dave
Berry concurs with the Extension.
I concur with the above extension of Notice of Violation CV-2008-004.
David trrycc: ndy Brown
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines