ENFORCE33931

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 12/10/2004
• Doc Name: Request for Second 90-Day Extension for NOV Abatement Deadline & Concurrence Letter attached
• From: Dan Hernandez
• To: Ron Cattany
• Violation No.: CV2004001
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7373 Sherman St., Room 275
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Date: December 10, 2004
To: Ronald W. Cattany, DMG Division Director
From: Daniel 1. Hernandez, Senior Environmental Protection Specialist ~` `~
Re: Request for Second 90-Day Extension of NOV Abatement Deadline
Colowyo Coal Company, The Colowyo Mine, DMG Permit No. C-81-019
DMG Notice of Violation CV-2004-001
COLORADO
DIVISION OF
MINERALS
GEOLOGY
REC LAMATION•MINING
Sq FFTY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
The Division of Minerals and Geology (DMG) issued Notice of Violation (NOV) CV-2004-001 to Colowyo Coal Company
(CCC) on June 22, 2004. This NOV was issued to CCC for conducting surface coal mining operations a[ the Colowyo Mine
in unleased federal coal without appropriate State and Federal approvals.
The DMG NOV contained the following abatement steps:
(1) By Jaly 9, 2004, CCC was to submit a Minor Revision to its DMG permit to identify the area where the
violation had occurred;
(2) By July 9, 2004, CCC was to inform DMG of its intent to apply to the US Bureau of Land Management
(BLM) for approval to continue mining in the area of the violation; and
(3) Either
(A) By July 30, 2004, CCC was to provided documentation to DMG that all actions required by BLM to
resolve the matter had occurred, if CCC decided to not pursue further mining in the area;
Or
(B) By September 21, 2004, CCC was, upon receiving approval from BLM to continue mining in the area
of the violation, to submit a Technical Revision to its DMG permit requesting expansion ofcurrent
mining operations into the area of the violation, and to obtain all necessary US Office of Surface
Mining (OSM) approvals.
CCC abated Steps (I) and (2) on July 9, 2004. CCC submitted a Lease Modification Application to BLM on August 18,
2004, which consequently triggered the September 21, 2004 abatement date of abatement step (3)(B), CCC subsequently
submitted to DMG on September 17, 2004 a request to extend the September 2l, 2004 abatement deadline to December 20,
2004 to allow time for BLM to process CCC's Lease Modification Application. DMG subsequently approved this request.
CCC, on December 6, 2004, submitted a request for a second 90-day extension of this NOV abatement deadline (to March
20, Z005), to continue to allow BLM time to process CCC's Lease Modification Application. t have reviewed the request,
and find that it meets the requirements of Rule 5.03.2(2) for approval. CCC is a permittee of an ongoing permitted operation,
and has applied for and diligently pursued approval of a BLM lease modification; however, due to reasons beyond CCC's
control, the company will be unable to obtain approval of the lease modification in time to submit a Technical Revision to
DMG by December 20, 2004.
I therefore respectfully request your signature on the attached NOV extension form. Coal Program Supervisor David A.
Berry's concurrence, as required by Rule 5.03.2(2), is attached.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey