REV02563

• Permit No: C1981015
• IBM Index Class Name: Revision
• Doc Date: 3/25/1994
• Doc Name: Memo on Board Order
• From: DMG
• To: DEBBIE MULLOY
• Type & Sequence: SF1
• Media Type: D
• Archive: No

.; . ,
STATE OF COLORADO
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF:
Formal Hearing Concerning the FINDINGS OF FACT
Division's Recommendation that CONCLUSIONS OF LAW
the Reclamation Bond for the AND BOARD ORDER
Fruit no. 1 and 2 Mines be
Declared as Forfeited.
This matter was presented in a hearing, after proper notice, before
the Colorado Mined Land Reclamation Board ("Board") on March 23,
1994 in Room 318 of the Centennial Building at 1313 Sherman Street,
Denver, Colorado. The Board conducted the hearing to consider the
Colorado Division of Minerals and Geology's ("Division")
recommendation that the Board declare the reclamation bond for the
Fruita no. 1 and 2 Mines as forfeited.
The hearing was held in accordance with C.R.S. 34-33-124(4) and 2
CCR 407-2, Rule 3.04.1. A taped transcript was made of the
hearing. .Pursuant to the authority vested in the Board by C.R.S.
34=33-124(4) and 2 CCR 407-2,-Rule. 3.04.1 the.Bdard hereby-makes-
the following.Findings_of Fact, Conclusions of Law and $oard Order.
Findings of Fact
-i.- American Shield Coal Company has operated the Fruit No. 1 and
2 mines since 1986. The operator submitted a reclamation plan
for the mine site to the Division on November 20, 1989 in
response to an agreement with the Division. The reclamation
plan was subsequently approved by .the Division.
2. On September 24, 1991, the Division issued Notice of Violation
C-91-024 to the operator for failure to reclaim to approximate
original contour and to eliminate all highwalls. The Colorado
Surface Coal Mining Reclamation Act requires that all
highwalls disturbed by coal mining operations be eliminated
(Rule 4.14.1(2)(a)).
3. Abatement for NOV C-91-024 was extended for a period of time
to allow for reconsideration of the reclamation plan by the
Division. During this time, regulation changes were proposed
by the Division for prelaw'highwalls.
4: NOV C-91-024 was modified to backfill and grade the upper or
Cameo bench so the highwalls are completely eliminated.
Abatement for the violation was due on December 14, 1993.