ENFORCE35535

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 10/1/2007
• Doc Name: Review Letter
• From: Dan Mathews
• To: MLRB
• Violation No.: CV2007002
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
~enver, Colorado 80203
Phone: (303) 86G3567
FAX: [phone]
STATE OF COLORADO
DATE: October 1, 2007
TO: Mined Land Reclamation Board Members
FROM: Dan Mathews
RE: Coal Program Formal Public Heazing
Notice of Violation CV-2007-002
COLORApO
DIVISION O F
RECLAMATION
MINING
- &-
SAFETY
Bill Ritter, Jr.
Governor
Harts D. Shernan
Ezecu[ive Director
Ronald W. Cattany
Division DireROr
Natural Resource Trustee
Seneca Coal Company has requested a formal review of CV-2007-002, pursuant to Rule
5.03.5(1)(x). The Division recommends that the Board uphold the subject Notice of Violation
(NOV).
NOV CV-2007-002 was issued May 5, 2007, to Seneca Coal Company for the Seneca II-W
Mine in Routt County, by Dan Mathews of DRMS, based on observations made during an April
25, 2007 inspection. The NOV was issued for Failure to design, construct, and/or maintain
permanent reclamation slopes and features including segments of postmine drainage channel
and segment of light use road and associated ditching, as necessary to:
Minimize erosion to provide protection for topsoil and vegetation (Rule
4.05.5(1)(c));
Minimize erosion and slippage (Rule 4.14.2(5)); and
Prevent damage to public or private property (4.03.3(1)(a)).
The NOV applied to a small landslide and associated erosion along the Ridgeline Light Use
Road, adjacent to the reclaimed Wadge Neck Pit azea. The text of the NOV in its entirety is
included as Attachment 1, to this memorandum. Digital photos referenced in the NOV narrative
are included as Attachment 2, to this memorandum.
Our "plain language" summary of the circumstances is that failure of a diversion ditch (Channel
PM-4C) and a light use road ditch during spring snowmelt resulted in gully erosion and a small
landslide on a steep, forested slope located below a reclaimed ridgeline. The slide was a trough
shaped feature approximately 15 feet wide, 3 to 6 feet deep, and 60 to 75 feet in length,
extending downslope below the reclaimed ridgeline. Several aspen trees were uprooted and
carried downslope, along with associated understory vegetation and topsoil. Soil and debris from
the slide were deposited within and adjacent to a natural ephemeral drainage channel [hat
empties into Sediment Pond 015 in the valley bottom below.
The operator has argued that a violation did not occw, because the area affected by the erosion
and slide was within a "minimal disturbance area". This designation was approved to allow
Seneca to use existing natural drainages to convey run-off from the reclaimed disturbed area in
the upper part of the drainage area to the sediment ponds in the undisturbed valley below. The
• designation was not intended to "authorize" additional disturbance resulting from failure of
designed structures.
Office of Office of
Mined Land Reclamation Denver Grand Junction Durango Attive and Inactive Minr_