2009-01-05_ENFORCEMENT - C1981035 (2)

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GCC Energy, LLC GCC Post Office Box 2827 Durango, CO 81302 Telephone: 970.385.4528 4424 County Road 120 Energy "Safety as a Value" Facsimile: 970.385.4638 Hesperus, CO 81326 December 8, 2008 f Mr. Ronald W. Cattany, Director J 2009 Colorado Division of Reclamation, Mining and Safety JAN 0 1313 Sherman Street, Room 215 0%,4000 w ?e'%amat'on, Denver, Colorado 80203 0609 and Salety RE: Request for Public Hearing before the Mined Land Reclamation Board Concerning Notice of Violation CV-2008-002, issued to the GCC Energy, LLC King Coal Mine To Whom It May Concern: In response to NOTICE AND ORDER TO PAY FIXED PENALTY received by GCC Energy, LLC on December 8, 2008, GCC Energy hereby requests a public hearing before the Mined Land Reclamation Board concerning Notice of Violation CV-2008-002, issued to GCC Energy, LLC at the King Coal Mine (King I Mine). As outlined in the aforementioned Notice, please find enclosed a check in the amount of $500.00 for the civil penalty. The basis for the appeal is listed below. On July 3, 2008, Mr. Thomas Kaldenbach of the Coal Section issued Notice of Violation CV-2008-002 (hereinafter, the NOV) to GCC Energy, LLC (hereinafter, GCC) for alleged violations of the Colorado Surface Coal Mining Act at the King Coal Mine in La Plata County, Colorado. GCC believes that this N.O.V. was improperly issued, without adequate evidence or basis that a violation of the Act or regulations exists currently or existed at the time of the NOV issuance. Our reasons for requesting the vacation are set forth below. 1. On June 17, 2008 Mr. Kaldenbach conducted a complete inspection of the King Coal Mine. A complete inspection entails a complete review of all aspects of the approved mining and reclamation plan as well as implementation of the plan on the ground. In the inspection report Mr. Kaldenbach noted that new sub-mains had been started and appeared to be located within the approved permit and affected area. He also stated that there were no enforcement actions taken as a result of the complete inspection. On July 3, 2008, though there had been no changes to the approved mining and reclamation plan at the King Coal Mine, Mr. Kaldenbach issued the NOV. With the observation that there were no warranted enforcement actions on June 17, 2008, and no changes to the plan had occurred in the intervening period that would indicate a non-compliance, the allegation of a violation is flawed. 2. As Mr. Kaldenbach did not undertake an inspection of the areal extent and location of the underground workings, the Division has no prima facie evidence that a violation, in fact, occurred. 3. The NOV cites the following violations of the Act; 34-33-110(2)(n) and 34-33-110(2)(o). The requirements of each statute section are cited below with GCC's response. 34-33-110(2)(n) in relevant part states, "Accurate maps or plans, of an appropriate scale, clearly showing GCC Energy, LLC Page 1 Request for Public Hearing before the Mined Land Reclamation Board: Notice of Violation CV-2008-002