ENFORCE34389

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 1/26/2004
• Doc Name: Request for Abatement Extension Beyond 90 days
• From: Dan Mathews
• To: David Berry
• Violation No.: CV2003014
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman 6L, Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
DATE: January 26, 2004
TO: David Berry /~
FROM: Dan Mathews /n/ 1
RE: Request for Abatement Extension Beyond 90 Days
Seneca Coal Company, Seneca II-W Mine (Permit C-82-057)
NOV CV-2003-014
COLORADO
DIVISION OF
MIN SRALS
GEOLOGY
RECLAMRTION•MINING
SAFETY•SGIEN CE
Bill Owens
Governor
Creg E. Watcher
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
Seneca Coal Company has submitted a request for extension of abatement of NOV CV-
2003-014 beyond 90 days, pursuant to Rule 5.03.212)(e). It is my recommendation that
the requested extension beyond 90 days be granted, and that the extension be granted for
the maximum allowable period (90 days). The circumstances regarding this extension
request clearly fall under the qualifying circumstances of Rule 5.03.2(2)(c)(iv) [WJhere
c/imatic conditions prec/ude abatement within 90 days, or where, due to climatic
conditions, abatement within 90 days clearly would cause more environmental harm than it
wou/d prevent.
I issued the NOV on November 21, 2003 for [Flailure to stabilize or repair rills and gullies in
comp/lance with the approved permit plan and schedu/e...
The NOV applied to numerous hillslope gullies and eroded drainage segments on reclaimed
areas at Seneca Coal Company's Seneca II-W Mine, a large active surface mine in Routt
County, south of Hayden. Two abatement steps were specified in the NOV. Step 1
required submittal of a complete minor revision "detailed repair plan". This step was
resolved within the specified time frame. Step 2 was to [/Imp/emeilt and comp/ete
approved p/an requiied by Step 7, on or before February 19, 2004.
It was clear at the time I issued the NOV that Step 2 abatement would not be feasible
within the specified 90 day time frame. The mine is located at an average elevation of
approximately 8000 feet, and winter conditions had already set in. Most areas of the mine
had snow cover from 3 to 12 inches deep at the time the NOV was issued, and there has
been additional significant snowfall since that time. Many of the gullied areas are on
relatively steep slopes, and repair will entail regrading, topsoil replacement and revegetation.
Such activities cannot be effectively completed under conditions of snow cover, frozen, or
saturated soils, and as such, the operator will not be able to initiate the field work until late
spring. Initiation of the work prior to suitable soil conditions would be impracticable,
ineffective, and would cause more environmental harm than it would prevent.
For these reasons, my recommendation is that the requested extension be granted for the
maximum 90 days (to May 19, 2004).
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey