Laserfiche WebLink
Snell & Wilmer <br />L.L.P. <br />Mr. Mike Long <br />May 4, 2001 <br />Page 6 <br />of that period, the operator must cease coal extraction. .and <br />immediately begin to reclaim the permit area in accordance with <br />[he reclamation plan. Mining operations can resume only upon the <br />posting of a bond acceptable to the regulatory authority. <br />T/rese c/tatrges answer itrdustry's concern for unfair treatment of <br />arr operator following loss of bond due to incapacity of the <br />operator's bonding agent. <br />48 Fed. Reg. 32,932 (1983) (Emphasis added.) <br />III. <br />THE DMG'S POSITION MUST BE REJECTED BECAUSE IT VIOLATES <br />C.R.S. § 34-33-108 <br />The Board should also reject the DMG's position that failure to replace an incapacitated <br />surety constitutes a violation even where mining operations have ceased because such an <br />interpretation would invalidate the regulation. C.R.S. § 34-33-108 specifically mandates that <br />rules or regulations promulgated pursuant to Colorado's surface mining statute "shall be no more <br />stringent than required to be effective as the federal `Surface Mining Control and Reclamation <br />Act of 1977'...." <br />As noted above, upon the incapacity of a surety, federal regulations require the posting of <br />a replacement bond only if the operator seeks to resume or continue mining operations. If <br />Colorado's regulations ~+~ere read to require a company that had ceased operations to post a <br />replacement bond upon the incapacity of the surety those regulations would be more stringent <br />than federal regulation, and thus, would violate the mandate of C.C.R. § 34-33-108 and <br />invalidate the regulations. <br />I V. <br />THIRTY DAYS IS NOT A REASONABLE PERIOD OF TIME IN WHICH <br />TO ABATE THE NOV <br />Where the Division issues a Notice of Violation, it "shall specify a reasonable period to <br />replace Bond coverage, not to exceed 90 days." 2 CCR §3.02.1(2)(b)(v)(C). In an emergency <br />safety situation or where other threat to human health or the environment exists, a thirty day <br />abatement period may be reasonable. However, where no such threats exist and the mine is not <br />conducting coal mining or other surface disturbing activities, 30 days may not be reasonable. <br />The Division has discretion [o grant 90 days to obtain replacement coverage. Due to the difficult <br />io9zs.~ <br />