2012-10-05_ENFORCEMENT - C1981035 ‎(3)‎

• Permit No: C1981035
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/5/2012
• Doc Name: Request for Extension of Abatement Beyond 90 Days
• From: Marcia Talvitie
• To: Loretta Pineda
• Violation No.: CV2012003
• Email Name: MLT
• Email Name: SB1
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Date: October 5, 2012
To: Loretta Pineda, Director
From: Marcia L. Talvitie, P.E.
Subject: King Coal Mine, Permit No. C- 1981 -035
NOV CV- 2012 -003
Request for Extension of Abatement Beyond 90 Days
Mined Land Reclamation
STATE OF COLORADO
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
—&—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta Pineda
Director
GCC Energy has requested an extension for abatement of CV 2012 -003. The current due date is
October 8, 2012; they are requesting a date of November 30, 2012.
Background
Notice of Violation (NOV) No. CV- 2012 -003 was issued to GCC Energy (GCC) on April 4,
2012 for failure to dispose of Coal Mine Waste in compliance with the King Coal Mine Permit
and with the Rules. The initial abatement date was set for May 31, 2012.
On April 26, 2012, GCC requested that the NOV be vacated. The Division Director upheld the
issuance of the NOV on May 3, 2012, and the Division issued a Proposed Civil Penalty of $1200
on May 11, 2012. The penalty was paid in full by GCC on July 26, 2012.
On May 25, 2012, GCC provided a proposed timeline for full abatement of the NOV, and
submitted a request for an extension to November 30, 2012. The Division modified the NOV on
May 31, 2012 to include two abatement steps. Step #1 (the submittal of a Technical Revision
application) was assigned a due date of July 10, 2012. Step #2 (removing any Coal Mine Waste
that will not be permanent) was given the same due date, which was 90 days from the date of
issuance.
GCC requested an extension to the abatement deadline beyond 90 days of issuance as allowed by
Rule 5.03.2(2)(c) on July 10, 2012. GCC provided an update on the progress made to date
towards abatement of the NOV and requested that abatement of Step #1 be extended to August
14, 2012, and Step #2 be extended to November 30, 2012. The Division extended Step #1 as
requested, and extended Step #2 to October 8, 2012.
Progress Made by GCC
Trautner Geotech was hired immediately after the NOV was issued to evaluate the coal mine
waste deposited at the west portal bench. Field work was completed, and Trautner prepared a
final report detailing their findings. CDS Environmental evaluated the soil and water qualities.
Based on the field work conducted, it was determined that several areas of the coal mine waste as
currently placed do not meet the performance standards for compaction.
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