ENFORCE26293

• Permit No: C1981048
• IBM Index Class Name: Enforcement
• Doc Date: 6/9/1988
• Doc Name: TRINIDAD BASIN MINE PN C-81-048 DISTURBANCE OF RECLAIMED AREA BY SURFACE OWNER
• From: MLRD
• To: TRINIDAD BASIN MINING CO
• Violation No.: CV0000000
• Media Type: D
• Archive: No

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Roy Romer, Gove
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION DIVISION
FRED R. BANTA, Director
June 9, 1988
Mr. Vance Mi11s
Trinidad Basin Mining Company
Route 1, Box 300
Barbourville, KY 40906
RE: Trinidad Basin Mine (Permit No. C-81-048) Disturbance of Reclaimed Area
by Surface Owners
Dear Mr. Mills:
As you are no doubt aware by this time, surface rights to a significant
portion of what was the Trinidad Basin Mine have recently been sold. The new
landowner, reported to be Charles Baldwin of Colorado Springs, has plans to
divide the property into 35 acre tracts for re-sale. His representatives have
begun to construct roads in the area to provide access to the tracts and in
doing so, have redisturbed areas of the mine reclaimed and now being
maintained by your company as per your agreement with The Division.
This redisturbance, unfortunately, creates a problem in regard to future
obligations your company has for the reclaimed area. According to
Rule 3.02.3 (2)(b) of the Regulations of the Colorado Board for Coal Mining,
the minimum responsibility for successful revegetation of an area reclaimed
under a performance bond is ten years from the last year of augmented seeding,
fertilizing, or other work. Your company's bonded liability could, therefore,
be extended by the recent disturbance until 1998 if it were possible to
regrade, reseed, etc, the areas in question this year. Unfortunately, such
work may not be possible this year or for many years, in light of the apparent
long-term plans for the area by the new surface owner.
The Division recognizes that the redisturbance of the reclaimed land at the
Trinidad Basin Mine was not a result of any activity by your representatives.
However, the problem created by that redisturbance is primarily yours to
resolve. The Division has no authority to prevent further disturbance of the
property by Baldwin nor can it release you from your remaining obligation to
reclaim. Under such circumstances it vrould appear to be in your interest to
promptly contact Mr. Baldwin or his people and seek some accommodation. The
sooner a solution is found, the quicker your company can complete the
reclamation, and the lower will be your costs.
215 Centennial Building, t 313 Sherman Street Denver, Colorado 80203-2273 Tel. [phone]