ENFORCE23459

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 10/8/1993
• Doc Name: FORMAL PUBLIC HEARING MEMO
• From: DMG
• To: MEMBERS OF THE MLRB
• Violation No.: CV1993114
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Deparimenl of Natural Resources Rs: °a`~0epro*~
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I I13 Sherman St., Room 215 '.~~gi ,
Denver, CO 80203 ' ra're'
Phone: [phone]~J567
FAX: 130)) 8328106
Roy Romer
Goverror
Michael B. Long
DATE: October 8, 1993 Division Director
To: Members of the Mined Land Reclamation Board (Board)
,. .
FROM: Christine E. Johnston, Reclamation Specialist
RE: Formal Public Hearing; West Elk Mine; File No. C-80-007;
Notice of Violation C-93-112 and C-93-114
Before the Board this month, is a request from Mountain Coal
Company (MCC) for formal review of Notice of Violations C-93-112
and C-93-114. The Division of Minerals and Geology (Division)
respectfully requests that the Board uphold the Division's two
Notice's of Violation and assess an appropriate civil penalty.
Pertinent background materials are included with this packet for
your review. In the material provided, you will see reference to
another Notice of Violation, C-93-113. This violation was vacated,
based upon information previously provided by MCC.
Notice of Violation C-93-112 Background
The Division issued Notice of Violation (NOV) C-93-112 on August
12, 1993, for failure to properly notify surface land owners above
underground workings and adjacent areas. Notice of undermining to
surface land owners is required in Rule 4.20.2(1), (2), and (3),
which states that,
The mining schedule shall be distributed by mail to all
owners of property and residents within the area above
the underground workings and adjacent areas. Each such
person shall be notified by mail at least six months
prior to mining beneath his or her property or residence.
The notification shall contain, in minimum: (1)
Identification of specific areas in which mining will
take place; (2) Dates of mining activities that could
cause subsidence and affect specific structures; and (3)
Measures to be taken to prevent or control adverse
surface effects.
The Division believes two surface owners were not given proper
notice, as required by the above rule; and therefore, the Division
considered issuance of the violation to be appropriate. These