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• • <br />STATE OF <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman 51.. Room 215 <br />Denrer, Colorado 80203 <br />Phone: (3031 866 3567 <br />FAr. (3031 832-8106 <br />June 15, 1995 <br />III IIIIIIIIIIIIIIII <br />DORADO <br />s <br />t ,~ ~ r v , ~.~., <br />~h' \ \ 1~, A t,?~~ DEPARTMENT OF <br />To: Mike Long ~~ ~. v *^y~ `ilj <br />\~~ (n~ ,_l~ /~ Roy Romer <br />From: Janet Binns ~y ~ \v° ~~~~es5 Lochhead <br />/'A` J Errcmive Director <br />~( Michael B. Long <br />Re: RiI]VOCk Mine (C-89-074), Request for Vacation/Modification of Division Direckrt <br />NOV C-95-015 <br />The Division received a request from Landmark Reclamation, Inc., the operator for the <br />Rimrock Mine, to vacate or modify Notice of Violation No. C-95-015. Notice of Violation <br />No. C-95-015 was issued by the Division to the permittee, Rimrock Coal Company, and the <br />operator, Landmark Reclamation, Inc., of the Rimrock Coal Mine, on May 22, 1995. This <br />NOV was written for failure to provide current relevent information to the Division <br />regarding ownership and control of surface coal mining operations (failed to inform the <br />Division of the dissolution of Rimrock Coal Company on December 2, 1994), and failure <br />to obtain written approval from the Division prior to the transfer, assignment or sale of the <br />rights granted under permit No. C-89-074. The Division was notified of the dissolution by <br />the Office of Surface Mining, not by either the permittee or the operator. Verification with <br />the Colorado Secretary of State confirmed that the articles of dissolution were filed on July <br />25, 1994, and the dissolution was effective December 2, 1994. <br />The Division staff does not support the request for vacation or modification of the NOV for <br />the following reasons: <br />1) The permit was issued to the Rimrock Coal Company as permittee and operator on <br />December 12, 1990. <br />2) On June 4, 1993, the permit was revised to include Landmark Reclamation, Inc. as <br />the operator. <br />3) On February 10, 1994, the Division received a bond for the Rimrock Mine for <br />Rimrock Coal Company "by Landmark Reclamation, Inc." <br />4) In past enforcement action proceedings, Landmark Reclamation, Inc. has represented <br />Ritttrock Coal Company at assessment conferences and board hearings, and has paid <br />civil penalties for the permittee. <br />5) The Division believes that it is appropriate to cite both the permittee and operator <br />in the Notice of Violation. Furthermore, with the dissolution of Rimrock Coal <br />