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~ , III III III III IIII III MINED LAND RECLAMATION DIVISION Department of Natural Resources 7313 Sherman St., Room 215 Denver, CO 80203 303 866-3567 Fa X: 303 832-8106 STATE OF COLORADO OF'~~[p ~F/~'Pt ;'~ ~ rH76 ~ July 9, 1991 MEMO To: Frank Johnson, Dave Berry, Larry Routten From: Steve Renner `~~ Re: Anticipated legal Issues, FY91/92 Roy Romer, Goverrar Fretl R. Banta. Division Director The legal issues which the coal staff anticipates will require attorney general input during FY 91/92 are summarized below in order of decreasing priority. We are currently allocated 780 hours of Attorney General time. I think that this is a marginal allotment. Therefore, time needs to be budgeted carefully. Please see my Hemo of June 13, 1991 for the AG referral procedures. 1) Carbon Junction- Continue to monitor bankruptcy hearings in Texas; continue to pursue texme of June, 1991 joint motion. 2) La Plata- Need to resolve conveyor statue. Need to have bank install sediment control system. Possible bond revocation. 3) Mid-Continent- Need to pursue permit revocation and bond forfeiture at the January, 1992 Board meeting if terms of the settlement agreement are not met. Meet in mid November to discuss. ~4) Southfield/GEC- Need to draft a settlement agreement between Southfield, GEC and the Division as soon as the Southfield tr technical issues are resolved. Anticipate a Iate Auquet completion. 5) Fruits- No permit at this site, but we hold a bond. We will probably forfeit the bond at the Sept. or Oct. Hoard meeting. Possible settlement, but highly unlikely. 6) Rulemaking- Anticipate the need to review proposed 181 rules and other rules proposed ae a result of 1989 733 letter from OSM. 7) Trinidad Basin- Revocation hearing was continued until the July Hoard meeting. Anticipate minimal involvement. 8) Blue Flame- Possibly a request for judicial review. If not, then probably no involvement.