2009-01-22_ENFORCEMENT - C1981035

• Permit No: C1981035
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 1/22/2009
• Doc Name: Formal Public Hearing GCC Energy Packet
• From: Savage & Savage
• To: DRMS
• Violation No.: CV2008002
• Email Name: TAK
• Media Type: D
• Archive: No

GCC Energy, LLC
GCC Post Office Box 3 28 27
Durango, CO 81302
Energy Telephone: [phone] County Road 120
"Safety as a Value" Facsimile: 970.385.4638 Hesperus, CO 81326
December 8, 2008
Mr. Ronald W. Cattany, Director
Colorado Division of Reclamation, Mining and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
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 concerhingNotice 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 Ring 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 Mi. Kaldetibach 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; 34-33410(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