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III IIIIIIIIIIIII III <br />999 <br />.,- <br />,~_ <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanment of Natural Resources <br />1713 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: (3071 866-3 567 <br />FAX: (}03) 8}2-8106 <br />May 7, 1993 <br />Mrs. Gloria Davis <br />Rimrock Coal Company <br />1390 Ash Street <br />Denver, Colorado 80220 <br />STATE OF COLORADO <br />of ooro <br />9 <br />ti~ <br />h ~/ ~O <br />~:ry~~• <br />^^~~ <br />~~ 1816 <br />Roy Romer <br />Governor <br />asichael B. Long <br />Uivivon Dvec wr <br />Re: Rimrock Strip, Notice of Violation C-93-055 (File C-89-074) <br />Dear Mrs. Davis: <br />On April 23, 1993, the Division received a request to vacate the <br />above reference Notice of Violation. The request was submitted <br />on behalf of Rimrock by Landmark Reclamation Inc. The basis for <br />the request is that Landmark, Inc. asserts that they were acting <br />as the contract miner for Rimrock, and were therefore not an <br />operator. <br />The Rules for Coal Mining define an operator as any person <br />engaged in surface coal mining who removes or intends to remove <br />more than 250 tons of coal within any consecutive 12 month <br />period. The Rules go on to define person as an individual, <br />company or corporation who conducts surface coal mining. Surface <br />coal mining is defined as the preparation for and actual <br />extraction of coal from the earth. <br />The permit document states that Rimrock intended to extract up to <br />30,000 tons of coal per year. We understand that Rimrock <br />contracted with Landmark to conduct the actual extraction <br />operations with the initial intent of achieving the production <br />goals outlined in the application. Therefore, Landmark fits the <br />definition of a person conducting coal mining operations. <br />Because Landmark is the person extracting coal from the site, <br />Landmark would be defined as the operator. Landmark describes <br />itself as a contract miner. However, it does not appear that <br />there is any difference in this case between a contract miner and <br />a person who conducts coal mining operations. The Rules at <br />Section 1.04 (83) defines an operator as an owner or controller <br />of an operation. Further, Rule 2.03.4 requires that owners and <br />controllers be included in the permit application. <br />