ENFORCE23544

• Permit No: C1981047
• IBM Index Class Name: Enforcement
• Doc Date: 5/22/1984
• Doc Name: YOUR NOTICE OF VIOLATION C-84-076
• From: BLUE RIBBON COAL CO
• To: MLR
• Violation No.: CV1984076
• Media Type: D
• Archive: No

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blue ribbon coal company
p. o. box 58
delta, coloratlo 81416
(3031874-7561
21 May 84
Mr. Robert Liddle
Reclamation Specialist
Colorado Mined Land Reclamation
1313 Sherman Street, Room 423
Denver, CO. 80203-2273
RE: Your Notice of Violation C-84-076
Dear Bob:
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I am in receipt of my copy of N.O.V. C-84-076. I received that
notice on May 15, 1984. Also that day I received a telephone call
from Fred Banta, who verbally provided me with the background and
reasons this N.O.V. was issued.
It is our opinion that the title for the "low grade" coal that
has been trucked from the Blue Ribbon Mine to Hotch-kiss Coal Yard
has passed from Blue Ribbon Coal Company to Hotch-kiss Coal Yard.
When an agreement was made to ship the "low grade" coal to the Hotch-
kiss Coal Yard, it was our understanding that the coal yard's plan
was.to screen out a lump product and to enrich the smaller size "low
grade" coal with other lower ash coal. Blue Ribbon Coal Company, in
fact, sold some "normal" quality coal which we assume was used for this
purpose. It is also our understanding that some sales have occurred
for these products to date.
Your June 1st deadline for Blue Ribbon Coal Company to remove
the material from the Hotch-kiss Coal Yard brings up a number of legal
questions which we have not resolved yet, such as right of trespass,
title to the high ash coal product, and identifiability of product
from Blue Ribbon Coal Company, now combined with products from other
mine operations.
In order that a reasonable amount of time is allowed for Blue
Ribbon Coal Company to analyze its responsibility fora portion of
the material at Hotch-kiss Coal Yard, and also to allow proper time
to prepare the Grand Mesa Coal Company refuse disposal area and to
ship the "low grade" coal to that site, Blue Ribbon Coal Company
respectfully requests that the June 1st deadline be extended to August 1,
1984. Please note that we do want to comply with MLR on this matter,
but we must reserve the right to challenge the N.O.V. pursuant to our
rights under the Act and Regulations of the Colorado Mined Land Recla-
mation Board for coal mining.
Resp ctfully submitted,
William S. Tate