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•RAFT <br />Minutes, June 2~6 - 27, 1991 <br />Staff Presentation by Anthony Waldron: <br />27. DISCUSSII)_N ITEM <br />~RiaT6iL6 f~MINE - VANCE MILLS <br />HC 81 , Bo.x 6 <br />Barbourville, KY 40906 <br />- <br />Subject To Board Approval 22 <br />File No. C-81-048 <br />Secs. 15 •and 22, T31S, Range 65W, 6th P. M., Las Animas County; 1,280 <br />acres; surface strip coal mine. Update on Board Order to maintain <br />reclamation. <br />The Board issued an Order at the November 1990 Board Meeting requiring <br />that reclamation maintenance be conducted at this mine prior to <br />June 1, 1:391. <br />In providing background information, Staff said the Board found a <br />pattern of violations on December 28, 1984, suspended the permit and <br />ordered the operator to cease mining and complete all outstanding <br />reclamatv'on activities by July 31, 1985. That Board Order was modified <br />to allow 'the operator to complete the reclamation of the loadout <br />facility by January 1, 1987. The loadout site was reclaimed, as <br />required, and other reclamation work was also completed. <br />In July o~F 1984, the operator was required by court settlement to <br />relinquish all rights, title and interest in areas mined within the <br />permit ar•faa. In 1988 surface rights to a major portion of the mine, <br />(the west•~arn half of Sections 15 and 22), were sold with no <br />restrictions placed on the use of the surface area. That area was <br />subsequently divided into 35-acre lots, and a court order was obtained <br />which prevented the operator from accessing the permit area to conduct <br />maintenance activities. <br />On March 1, 1989, OSM issued a TDN for failure to pass disturbed <br />drainage through a sediment pond, based on a Division inspection <br />report. On March 11, 1989, the Division's response to OSM included an <br />explanation that the operator was experiencing a right-of-entry <br />problem. Also at that time, the Division indicated to OSM that a <br />resolution to the problem was being explored, i.e., re-designation of <br />the land use for the area as residential and removal of the area of <br />concern f'r•om the permit area. <br />On March ;50, 1989, Division Staff met with the operator and the current <br />landowner, Mr. Charles Baldwin, and discussed revising the post-mining <br />land use. On November 13, 1989, the operator submitted a letter <br />requesting bond release. On November 15, 1989, Division Staff <br />inspected the site to evaluate pursuing an alternate post-mining land <br />use. At ghat time, the operator was informed that specific activities <br />had to be~ completed prior to consideration of the land use change. On <br />January 5, 1990, the Division received a letter from Mr. Baldwin in <br />which he objected to the Division's requirements for a land use change. <br />1 <br />On January 10, 1990, OSM re-inspected the site and documented numerous <br />alleged violations and requested that they be informed of the actions <br />