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Richard D. Lamm <br />Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Gelches, Execulrve Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C'SHELTON, Director <br />DATE: August 8, 1985 <br />T0: David C. Shelton, Director <br />FROM: James A. Pendleton, Conference Officer <br />RE: Recommended Vacation of N.O.V. C-8 56 <br />An assessment conference was convened at the request of Powderhorn Coal <br />Company to consider N.O.V. C-85-056, issued to Blue Ribbon Coal Company. Both <br />Blue Ribbon Coal Company and Powderhorn Coal Company are subsidiaries of <br />Western Associates. Blue Ribbon Coal Company was represented by Henry Barbe, <br />James Stover and Richard Fanyo, attorney. Bob Liddle represented the Division. <br />Bob Liddle summarized the Division's issuance of this administrative Notice of <br />Violation for "failure to submit annual hydrologic reports in accordance with <br />permit approval." Richard Fanyo observed that no submittal date for the <br />report is specified with in permit documents. In this specific situation no <br />policy exists with which to clarify the submittal date. No warnings were <br />issued prior to the issuance of this violation. <br />Candidly, it is my opinion that the submittal date would be unenforceable in <br />this specific situation. Either the permit documents should be amended by the <br />Division to impose a specific due date for the report, or a general policy <br />should be issued by the Division to all operators regarding unspecified <br />submittal dates for periodic reports and inspections. <br />However, failing a specific enforceable date or a general existing policy <br />regarding unspecified due dates, I recommend that the Division vacate <br />N.O.V. C-85-056, because it is unenforceable. <br />JAP/ddt <br />cc: Enforcement File for N.O.V. C-85-056 <br />Fred Banta <br />Bob Liddle <br />Susan Mowry <br />Richard Fanyo <br />2522E <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />iiiiiiiiiiiiiiiiiii <br />999 <br />