ENFORCE35624

• Permit No: C1981018
• IBM Index Class Name: Enforcement
• Doc Date: 3/1/1994
• Doc Name: NOV C-93-156 AND NOV C-93-157
• From: DMG
• To: WESTERN FUELS - UTAH
• Violation No.: CV1993157
• Media Type: D
• Archive: No

999
STATE OF COLORADO
DIVISION Of MINERALS AND GEOLOGY
Department o(Natura Resources
1313 Sherman St., Room 215
Denver, CO 80203
Phone [phone]
FA% (7031 832-81 06
March 1, 1994
Mr. Murari P. 8hrestha
Assistant Manager of Engineering
Western Fuels - Utah
405 Urban Street #305
Lakewood, Colorado 80228 /
RE: Notices of Violation NOV C-93-156 and NOV C-9`3/-157
Dear Mr. Shrestha:
of CO<o
tis. ~.,
N~ i
•,~
Roy Romer
Governor
m¢hael B. Long
Dwision Direc for
This letter addresses your concerns regarding the above referenced
notices of violation.
NOV C-93-156
In our telephone conversation on February 28, 1994, you expressed
a concern about signing the settlement agreement for this NOV,
because you felt that your pilot test showed that a compaction of
90$ of maximum dry density had been obtained and that the portion
of the NOV which referenced "failure to compact coal refuse to 90$
of maximum dry density" should be vacated. The Division is not
currently satisfied that a compaction of 90$ of maximum dry density
has been achieved on Refuse Pile 4 (this will be discussed below).
Therefore, your options regarding the settlement agreement are as
follows:
1) Sign the settlement agreement and send in the penalty
while the Division continues to monitor WFU's progress in
testing the refuse compaction. If, at a later date, the
Division determines that WFU actually had achieved a
compaction of 90$ of maximum dry density on the refuse
pile prior to the issuance of the NOV, then the NOV will
be modified accordingly. The amount of the penalty,
however, would not be affected. Or............
2) Don't sign the settlement, and the Division will send you
a Notice and Order to Pay a Fixed Civil Penalty. At that
time, you may request a hearing before the Mined Land
Reclamation Board.