Laserfiche WebLink
iii iiiiiiiiiiiiiiii <br />999 <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />oe com <br />Department of Natural Resources 4~ <br /> b <br />mac. <br />r, ~ ~~O <br />1317 Sherman 51., Room 275 <br />Denver, CO 80207 <br />• ~ rave <br />Vhone: (30 )1 855 3557 <br />FA%: (3071 872-8105 <br />Roy Romer <br /> Governor <br /> M¢hael B. Long <br /> D rvision Director <br />DATE: September 16, 1993 <br />T0: Steven Renner, Michael Long <br />n, <br />FROM: David Be~, Christine Johnst r <br />lJ1J 1 <br />RE: Mountain Coal Company - Request Vacate Notices of Violation, <br />C-93-112, C-93-113, C-93-114 <br />On September 7, 1993, Mountain Coal Company (hICC) submitted a request to <br />vacate the above-referenced Notices of Violation (NOV's1. These violations <br />were written on August i2, 1993, during an Office of Surface Mining (OSM) <br />oversight inspection, and the NOV's were written in lieu of receiving <br />Ten Day Notices (TDNs) from the OSM inspector. Given the currently available <br />information, NOV's C-93-112 and C-93-114 should probably be upheld. While <br />C-93-113 many be a valid violation, there may be some basis for vacating the <br />violation since our inspector was aware of, and approved via inspection <br />findings, the activity cited. Detailed explanations follow: <br />Notice of Violation C-93-112 (Surface Owner Notification) <br />This violation was written because we believe two surface owners were not <br />given formal or proper notice, as required by rule 4.20.2 (1), (2), and (3). <br />These surface owners are Grand Mesa Properties, and the United States Forest <br />Surface (USES). We recommend that this violation not be vacated. <br />MCC correctly states that a letter was sent to Grand Mesa Properties on <br />December 13, 1984. This letter, however, warns of undermining "on or about <br />February 1, 1985." MCC has provided a map to substantiate their claim that <br />mining under the subject property did not in fact occur until August 1985. <br />Therefore, MCC contends that while the letter specified an earlier mining <br />date, notice actually occurred at least ti months prior to undermining. <br />It is our opinion that the map does not prove anything. The map is labeled <br />"Mt. Gunnison No. 1 tdine" "1986 Mine Plan". The map was apparently drawn <br />May 3, 1985, and it shows mining parcels labeled by month, but it is not clear <br />which year is being referenced. Also, the map is not certified. Regardless <br />of this ambiguity, the map shows what appears to be developed entries located <br />in the northeast quarter of Section 20. Given the drawing date of May 3, <br />1985, it actually seems that this map shows mine development under the Grand <br />Mesa Property during a period less that 6 months after the required notice. <br />c <br />