2008-08-13_ENFORCEMENT - C1981035

• Permit No: C1981035
• IBM Index Class Name: Enforcement
• Doc Date: 8/13/2008
• Doc Name: Request for Vacation of the Notice of Violation
• From: GCC Energy
• To: DRMS
• Violation No.: CV2008002
• Email Name: DIH
• Media Type: D
• Archive: No

L'-198 3s
GCC Energy, LLC
GCC Post Office Box 2827
Durango, CO 81302
Telephone: [phone] County Road 120
E n e r g y "Safety as a Value" Facsimile: 970.385.4638 Hesperus, CO 81326
August 11, 2008 RECEIVED
Mr. Ronald W. Cattany, Director AUG 13 20?
Colorado Division of Reclamation, Mining and Safety
Division of Reclamafton,
1313 Sherman Street, Room 215 Mining and Safety
Denver, Colorado 80203
RE: Request for Vacation of Notice of Violation CV-2008-002, issued to the GCC Energy, LLC
King Coal Mine
Dear Director Cattany:
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 wishes to submit
additional information with this correspondence in accordance with CRS 34-33-123(2) and Rule 5.04.3(2)
and respectfully requests that you, as Division Director, vacate this violation, as 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
the land to be affected as of the date of the application... Such maps or plans shall show, among other
things specified by the office, all boundaries of the land to be affected... "
GCC contends that the information required by this section of the statute is present and current within the
King Coal Mine permit document, located on Map C-3 that identifies the mine plan area, permit area, and
all areas to be affected.
GCC Energy, LLC Page 1
Request for Vacation: Notice of Violation CV-2008-002