ENFORCE35836

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 8/4/2005
• Doc Name: Extension of Time for Abatement Notice Steps Necessary to Abate Memo
• From: David Berry Byron Walker
• To: Ron Cattany
• Violation No.: CV2005005
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: (303) 832$106
Interoffice MEMORANDUM
to: Ronald W. Cattany, DMG Division Dirf c~r
thru: David Berry, Coal Program Supervisor~i `~,,
thru: Daniel L Hernandez, Senior Environmental Protection Spe 'mist 'tjil•~"
from: Byron G. Walker, Environmental Protection Specialist
subject: Extension of Time for Abatement Notice, CV-2005-005 Part (2)
date: 4 August 2005
COLORADO
DIVISION OF
MINEBRALS
GEOLOGY
0.ECLANATION•NINING
EAFETY•ECIENCF
aal owenE
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natursi Resource Tmuee
The Division of Minerals and Geology (Division) issued Notice of Violation (NOV} CV-2005-
005 to the Twen[ymile Coal Company (Company) on 13 May 2005. This NOV was issued to the
Company for Part (1) Failure to completely remove topsoil, and Part (2) Failure to properly
protect stockpiled topsoil
Steps necessary to abate the parts of the violation were, for:
Part (11: Remove topsoil aset-back distance from the edees of the sediment control ditch basin
leadine to the rock filter (to prevent loss of topsoil resources from caving of the embankments
and
Part (2)(a) relocate (set-back) access road topsoil windrows to accommodate roadside ditches
(protect from erosion) constructed in subgrade materials and to protect the topsoil resource from
contamination by road maintenance operations (snow plowin • or; Part (21(bl. an alternate
remedial action to (2)(a) is to relocate the topsoil in windrows to permitted topsoil storaee
stockpiles. (The Part (2)Lbl alternative would require submission and approval of a technical
revision to the current Permit Application Packa¢el.
The Company accomplished remedial actions required to abate Part (1), and a Termination
Notice was issued on 15 June 2005 for Part (1).
The Company elected (13 June 2005) Part (2)(b) as the course of remedial action for Part (2).
The time for abatement of Part (2)(b) was established as 8 August 2005. A summary of events
associated with Part (2)(b) leading to date is as follows:
13 May 2005 issuance of NOV.
09 Jun 2005 submittal of Technical Revision 50 (TR-50) application to abate Part (2), election
of Part (2)(b) as the course of remedial action.
17 Jun 2005 the Division found TR-50 incomplete.
23 Jun 2005 receipt by the Division of a Company request for an assessment conference.
11 Ju12005 the Division advised the Company of TR-50 prerequisite interfaces with
Office of Office of Colorado
Mined Land Rxlamation Active and Inactive Mines Geological Survey