HYDRO25313 - Laserfiche WebLink

Home Browse Search

~~ iii iui~~iin~i~iii 999 STATE OF COLORADO Roy Romer, Governor Patricia A. Nolan, MD, MPH, Executive Director Dedicated w protecting and improving the health and environmem o! the people o(Cokxado 4100 Cherry Creek Dr. 5. Laboratory Building Denver, Colorado 80222-1530 4270 E. 11th Avenue Phone (3 031 692-2000 Denver, Colorado 80220-3716 13031 691 X700 QGr,Ft~IED September 14, 1994 Greg Lewicki Greg Lewicki and Associates 1645 Court Place, Suite 309 Denver, CO 80202 RE: Termination Request American Shield Coal CDPS No. COG-850035 Hess County Dear Mr. Lewicki: SEP 191994 ,.fier,~alb e ~,°olney Company - Fru its Minee of'~~(p ,i`a 9,r ~`~' ~ $ ~. Colorado Dtpanmenc of Public Health and Environment This Letter responds to your August 30, 1994, letter. The Division cannot terminate the referenced permit at this time. The termination procedures that apply to coal mining facilities are derived from the federal regulations governing the Coal Mining Point Source Category (40 CFR 434). These regulations specify that limitations must be met "until SHCRA bond release". The regulations further define bond release in pertinent part, ae ^the time at which the appropriate regulatory authority returns a reclamation or performance bond based uoon its determination that reclamation work... has been satisfactorily comoleted.(40 CFR 434,11(d)). We recognize that American Shield Coal Company has forfeited their bond to the Colorado Div ieion of Minerals and Geology (CDMG). The CDMG has stated that although reclamation ie progressing and the Bite ie relatively stable, it has not yet reached the point where they are fully satisfied that vegetation, etc. have been returned to premining conditions. Once this goal has been achieved, the site would meet the intent of .the federal regulation and termination of the permit could occur. Therefore, we will require documentation from the CDMG at the appropriate time stating that they are satisfied that the site ie at premining conditions before we can terminate this permit. It is our understanding that this would be around the time when an accounting of the portion of the bond spent and any remainder to be refunded would occur. The CDMG did not take on the Company's permits for other environmental programs. It is still the Company's responsibility to comply with the CDPS permit and federal requirements.