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• <br />• III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Natural Resources <br />1;17 Sherman 51., Room ?15 <br />Denver, Colorado 80703 <br />Phone. U03) 866-3567 <br />FAX: U03183L8106 <br />L~ ~- <br />~-F-s' ~~AS.,~ <br />0 \~L~ <br />~~~ <br />NUT ~O VAC•pT~~. <br />~1.--+ s <br />L~ <br />~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />DATE: October ] 7, 1997 <br />TO: Mike Long /~ <br />FROM: Erica Crosby "(,o <br />RE: Seneca II-W Mine (C-82-057) <br />NOV C-97-015; Operator request for vacation <br />lames 5 Lochhead <br />Executive Director <br />Michael B. Long <br />Drvuion Dveaor <br />The Division received Seneca Coal Company's request to vacate NOV C-97-015 October l3, 1997. <br />I believe the NOV is warranted and recommend that you deny their request for vacation. Below is <br />a brief outline of the violation and reasons for upholding the violation. <br />The Division wrote Notice ofViolation (NOV) C-97-015 to the Seneca II-W Coal Mine (C-82-057) <br />on September 26, 1997 for failure to maintain the primary spillway on Pond 006, failure to maintain <br />the nonclogging dewatering device on Pond 006 and passing out-flow through the emergency <br />spillway of Pond 006, rules 4.05.6(3)(a), 4.05.6(3)(c) and 4.05.6(4), respectively. <br />During an inspection on Wednesday, September 24, 1997 it was noted that water was flowing out <br />the emergency spillway of Pond 006 at a rate of 150 to 175 g.p.m. No water was flowing out the <br />primary spillway because it was plugged with debris. The Division instructed the operator to clean <br />out the primary spillway immediately so the pond water would discharge through the riser. I <br />inspected the pond again on Friday morning to ensure that the work was completed. The primary <br />riser remained clogged and the emergency spillway was still dischazging at an estimated rate of 150 <br />g.p.m. The violation was issued the morning of Friday, September 26, 1997 and the abatement due <br />date was set at 5:00 that afternoon. The abatement requirement was to clear the primazy riser of <br />debris to allow the pond to discharge as per the design. The violation was abated at 2:30 in the <br />afternoon. <br />I have a few comments regazding the letter submitted by Seneca and reasons for not vacating the <br />violation. The comments are as follows; <br />Seneca presents precipitation data recorded at the mine site. The predicted rainfall fora 10- <br />year/24-hourstorm event at the mine is 1.70 inches. There was only one storm even[ larger <br />than the ] 0-year/24-hourstorm event, and that was on Friday, September 19, 1997, exactly <br />