ENFORCE23803

• Permit No: C1989074
• IBM Index Class Name: Enforcement
• Doc Date: 4/27/1995
• Doc Name: RESPONSE TO TEN-DAY NOTICE X-95-020-352-001 TV-01 RIMROCK MINE PN C-89-074
• From: DMG
• To: OSM
• Violation No.: TD1995020352001TV1
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
131 3 Sherman 51., Roam 215
Denver, Colorado 80203
Phone: [phone]
FA%:13031 832 8106
April 27, 1995
Mr. Thomas Ehmett, Acting Director
Office of Surface Mining Reclamation
and Enforcement
505 Marquette Avenue NW
Suite 1200
Albuquerque, NM 87102
Re: Response to Ten-Day Notice X-95-020-352-001 TV-Ol
Rimrock Mine, Permit No. C-89-074
Dear Mr. Ehmett:
~~~~~
DEPARTMENT OF
NATURAL
RESOURCES
Roy Rome.
Governor
lames 5. Lc,chheatl
E.ecuuve Dirmor
Michael B. Lund;
Dmision Duty mr
The Division received OSM's Federal Ten-Day Notice No. X-95-020-352-001 TV-Ol on April
19, 1995. This Ten-Day Notice was issued as a result of a random sample inspection
conducted at the Rimrock Mine on March 30, ]995. The Division wishes to take this
opportunity to respond to the issue identified in this Ten-Day Notice.
The Ten-Day Notice identifies a "failure to provide personal injury and property damage
insurance, as required in the regulations, for the Rimrock Mine," citing Rule 2.03.9. The
Division disagrees with this statement. Rule 2.03.9 states:
...each applicant shall submit to the Division...a certificate certifying thnt the applicant
has a public liability insurance policy in force for llle surface coal mining and reclama-
tion operation for which the permit is sought...
The Division believes the Rimrock Mine is in compliance with this Rule.
On April 5, 1995, DMG sent to OSM-AFO a copy of the "Certificate of Insurance" form for
the Rimrock Mine on file in our offices. OSM-AFO subsequently contacted DMG via
telephone to inform DMG that the "cancellation" wording on the form did not agree with that
required by Rule 2.03.9(3). On April 14, 1995, DMG received a revised certificate of
insurance from the operator with (1) the corrected "cancellation" wording, (2) Rimrock Coal
Mine (Permit No. C-89-074) listed in the description of operations, (3) Landmark Reclamation,
Inc. identified as the Insured, and (4) Rimrock Coal Company identified as an additional
Insured. A copy of this form was forwarded to AFO on April 14, 1995.