APPCOR12620

• Permit No: C1981047
• IBM Index Class Name: Application Correspondence
• Doc Date: 3/5/1981
• Doc Name: CONTENTS OF RECOMMENDATION PACKAGE
• Media Type: D
• Archive: No

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measures to be taken to mitigate effects on the surface which may occur as a
result of subsidence, and also a surface owner protection plan per 30 CFR
817.124. The required estimate of subsidence and subsequent effects should
take into account findings presented in the U.S. Geological Survey
Professional Paper 969 (C. Richard Dunrud, "Some Engineering Geological
Factors Controlling Coal Mine Subsidence in Utah and Colorado," 1976).
6. A. Pursuant to Section 402 and 510(b)(1) of the Act, and 30 CFR
786.19(h), rile applicant, Sunflower Energy Corporation (SEC), acknowledges rile
deb[ described in this stipulation, which was incurred by Imperial Coal in
connection with the "Lincoln Mine", and which the Office of Surface Mining
(OSM) claims as an obligation of SEC or .lames D. Asher, and, in order to
comply with the Act and the regulations as interpreted by OS M, agrees to
satisfy the debt in the following manner so [liar OSM will issue a permit. The
applicant, SEC, agrees that each of tl~e following payments will be made as
specified. Both the amount of each payment and the due date For [he paymen t
are of the essence of this agreement. Failure to pay the proper amount on
time shall constitute a violation of [h.s stipulation and a breach of this
agreement, and shall cause an immediate cessation of all mining activities at
the Blue Ribbon Mine, and if payment is not made within ten days after the due
date of such payment, shall result in the entire deb[ becoming due and
payable, immediate [ermtnation of this i ~rmit, immediate cessation of all
mining activities, immediate commencement of reclamation activities, or in
lieu of reclamation by [he applicant, immediate payment of the reclamation
bond to the Regulatory Authorities. None of the above provisions shall he
waived or suspended by filing of the protest or appeal described in
subparagraph E of this stipulation.
B. Within five (5) days of written acceptance of this approval, $2,923.54
will he paid to OSM as [he initial installment of [he S8,158.94 arrearage of
SEC (or Mr. James D. Asher) to the Abandoned Mined Land Reclamation Fund.
C. For each of [he ten (10) months, starting with March 1981, a payment of
$523.54 is due on [he last day of each month to OSM as installments on the
arrearage due, with the initial $523.54 payment due on March 31, 1981.
D. If the permit or the mine is transferred to another party during [he
period of repayment, then the full remaining balance comes due on or before
the transfer and such payment must be made in [he form of a cashier's check to
OSM or representative thereof at such transfer. Failure.to pay the balance in
full before or upon attempted transfer of the permit or mine will result in
the automatic termination of the permit and refusal by OSM to reissue a
permit until the full balance is paid. Applicant warrants [hat no transfer of
the mine or permit has been made prior to acceptance of these conditions.
E. SEC reserves the right to protest such payment to the Regional Director of
OSM with a right of appeal to the Department of Interior Board of Surface Mine
Appeals, pursuant to 43 CFR Part 4, and such right expires sixty (60) days
after the 10-month period's final payment due to (A), (B), (C), or (D) above,
whichever comes first. Such right to protest does not include seeking relief
from making such payments when due, nor a basis for relief from termination
action stemming .from failure to pay, but does include the right to seek
reimbursement of all payments made.