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DEPARTMENT OF NATURAL RESOURCES <br />D Monte Pascoe, Ezeculive Duecior <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHEL70N Director <br />Richartl D Lamm <br />Governor <br />T0: <br />FROM: <br />SUBJECT <br />January 26, 1983 <br />Dorchester Coal Company <br />David C. Shelton <br />Regulatory Relationship Between Mines In Close Proximity <br />III IIIIIIIIIIIII III <br />No where else in the state do we have mines operating in such close <br />proximity to each other and having such a close hydrologic and physical <br />relationship as in your area near Florence. Over the years this has <br />necessitated and will continue to necessitate close cooperation between <br />your coal mining companies and between the Division and your companies. <br />Of primary concern recently has been the issue of who should permit what <br />activities. Because some of you undertake coal mining and reclamation <br />activities or exploration activities on land perntitted by another <br />company, the question arises as to who is responsible for permitting <br />those activites. I am proposing to you that each company should ensure <br />that the activities it undertakes are permitted under the Coal Program, <br />regardless of the ownership of the land. This means the company <br />undertaking an activity which must be permitted should ensure that is is <br />so permitted and appropriately bonded. If it is unclear as to who <br />actually did a certain activity we will look to the holder of the permit <br />(if any) for that area. If, however, it is clear that a different coal <br />company from the permit holder undertook the activity we will look to <br />that unper~nitted coal operator for a resolution of any possible violation. <br />Udder this policy each of you have the responsibility to: 1) Ensure that <br />all activities you undertake are permitted, and 2) That anybody pursuing <br />coal mining and reclamation activities on your land is also permitted. <br />We will continue to try to integrate the needs of each of you in <br />relationship to each other, but there is no substitution for your <br />cooperation and continued communication with each other. I urge all of <br />you to assess your current activities and any future activities which you <br />may undertake in light of this policy. <br />The goal of this policy and our entire program is to achieve sound <br />environmental control and reclamation in compliance with the law. I <br />trust that is your goal as well, but because of your close proximity <br />there can be some difficulties and confusion. This potential confusion <br />requires some additional effort on your part and ours to identify and <br />solve issues before they become violations. If you have any questions <br />concerning this policy please do not hesitate to call me. <br />/ep <br />Doc. No. 400 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />