PERMFILE64218

• Permit No: C1982054
• IBM Index Class Name: Permit File
• Doc Date: 7/25/1990
• Doc Name: DRAFT MINUTES MLRB
• Media Type: D
• Archive: No

• ~ DF~AFT
Subject To L3oard Approval
Minutes, July 25, 1990
PAGE 8
Staff presented EXHIBIT A - the Division's list and packet of Exhibits
(A through G).
Staff related that this issue concerns the Division's recommendation to
deny a permit renewal application and forfeit the reclamation bond.
The original permit expired in 1988 and the review was extended for a
period of time by means of a letter of agreement between the Division
and the operator. The agreement was endorsed by the Board in December
of 1989 and specified deadlines that required the operator to submit
certain information by June ], 1990. That information was not
sudnitted.
Staff referenced the Division's Exhibit B - a June 15, 1990,
stipulation to continuance and bond forfeiture. The June hearing was
continued to July, and the Board authorized a modification to the
stipulation so as to require submittal of a replacement financial
warranty by 8:00 a.m. July 25, 1990. At this time, neither the
financial warranty nor responses to outstanding concerns pertaining to
the permit renewal have been received by the Division.
The Division recommends that the permit renewal application be denied
and that the reclamation bond be forfeited.
Mr. Frank Johnson, with the Attorney General's Office, presented
EXHIBIT B - the reclamation bond agreement attached to the letter of
cre i and EXHIBIT C - the Division's proposed Findings of Fact,
Conciusions o aw and Order. He addressed the Exhibits briefly.
Mr. David Sturges, an attorney representing the operator, presented
EXHIBIT D - a July 25, 1990, letter to the Division from Mr. Noel
a~president of Pueblo Coal, Incorporated. He agreed that the
bond had not been replaced as 8:00 a.m. today and that the operator had
not formally responded to the outstanding adequacy concerns of the
Division. Mr. Pautsky is the principle owner of Oak ridge Energy, and
Pueblo Coal, Incorporated, Mr. Sturges discussed the contents of Mr
Pautsky's letter, which contained information related to the settlement
from bankruptcy proceedings.
Mr. Sturges read, for the record, a letter he received from Darry
Ferguson, a consulting engineer, on July 24, 1990, in which he provided
a status of issues outstanding under the permit renewal and stated an
intent to present this information to the Division, after re-mapping
could be accomplished at the site.
Mr. Sturges requested a modification in some of the language of the
proposed Stipulation of Fact, Conclusion of Law and Order, and Mr.
Johnson agreed to the changes.
Staff answered inquires from the Board, regarding denial of the permit
renewal and forfeiture of the bond.