ENFORCE23345

• Permit No: C1989074
• IBM Index Class Name: Enforcement
• Doc Date: 4/7/1994
• Doc Name: RECEIPT OF CERT MAIL
• Violation No.: CV1993152
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
17 i 3 Sherman SI., Room 215 a

Denver, Colorado 80203 I~
~~

Phone: (}031 866 3567 I
FA%: (}0}I 832 8106
DEPARTMENT OF
NATURAL
RESOURCE
MEMO
Roy Romer
Governor
March 17 , 1994 Ken Salazar
Eattuuve Director
TO: File Mic hael B. LOng
Division Dueclor
FROM: Michael Long, Director
RE: Rimrock Strip (File C-89-074); N 93-152
I have reviewed the above referenced Notice of Violation issued to
the Rimrock Coal Company .on December 6, 1993. This violation, as
modified by the Assessment Conference Officer was issued for
failure to have copies of the performance warranty documents and
Section 2.03.4 of the permit on file at the Las Animas County
Courthouse. The documents were discovered to be missing during an
inspection conducted by the Division on December 1 and 2, 1993.
The Division has conducted records checks for this mine at least on
a quarterly basis. There is no indication that the these documents
either were or were not available at the courthouse during previous
inspections. The Division staff apparently did not document the
existence of these portions of the files.
It is apparent to me that this violation has been issued in error.
I conclude that the absence of these documents may not be the
result of operator negligence. The presence or absence of these
documents should have been previously documented by the Division
inspectors. The absence of Section 2.03.4 may be viewed as a
permit defect rather than a Violation of the Colorado Rules.
Based upon the foregoing, I conclude that there was not a violation
during the December 1 and 2, 1993 inspection. Therefore, as
Division Director I am vacating the referenced Notice of Violation.