APPCOR10392

• Permit No: C1981053
• IBM Index Class Name: Application Correspondence
• Doc Date: 6/24/1991
• Doc Name: BLUE FLAME MINE PN C-81-053
• From: MLRD
• To: L & L ENERGY
• Media Type: D
• Archive: No

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STATE OF COLORADO
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999
MINED LAND RECLAMATION DIVISION
Department of Natural Resources
7373 Sherman St., Room 215
Denver, CO 80203
303 866-3567
RA x: 303 832-8706
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Ray Romer,
Governor
Frso R. Banta,
Division Director
June 24, 1991
Mr. Kevin L. Martinez, Vice President
L & L Energy
6130 South Memorial
Tulsa, Oklahoma 74133
RE: Blue Flame Mine, Permit No. C-81-053
Dear h1r. Martinez:
Thank you for your letter of May 24, 1991. The letter expresses several
concerns and statements which seem to indicate a misunderstanding as to the
events surrounding the Blue Flame Mine permitting and enforcement proceedings
to date.
The Colorado Mined Land Reclamation Division strives to implement the Rules
and Regulations in a fair and consistent manner. Violations result from an
operator's failure to comply with permit conditions, the Law and/or the
Regulations. All operators are held to the same standards of performance.
Blue Flame Coal Company and L & L Energy, Inc. have received substantial
consideration from the Division. For example, on September 12, 1990, Notice
of Violation C-90-040 was issued for failure to maintain certain records as
required. An initial abatement date of October 1, 1990 was set. The operator
did not comply with the initially required abatement schedule, requiring
issuance of a "Failure to Abate Cessation Order" and subsequent civil penalty
of E33,000.00. The Division allowed an extension of the time for abatement of
Notice of Violation C-90-040, and an associated waiver of penalties upon
submission of an adequate Succession of Operator application and reclamation
bond.
On May 8, 1990 Notice of Violation C-90-013 was issued for failure to properly
construct and maintain the sediment pond. To date, this Notice of Violation
remains unabated. The abatement deadline had been extended to May 1, 1991,
nearly a full year from the time of initial violation issuance. The Division
also provided L8L Energy the opportunity to extend the abatement period if
weather prevented compliance by May 1, 1991. specifically, the operator was
allowed to notify the Division by April 19, 1991 that weather would be a
problem, thus triggering an abatement extension. No such notification was
received.