ENFORCE28993

• Permit No: C1980002
• IBM Index Class Name: Enforcement
• Doc Date: 1/4/1979
• Doc Name: MLRD FIndings of Fact & 4 Letters
• Violation No.: TD197900V005021TV1
• Media Type: D
• Archive: No

~ III IIIIIIIIIIIII III
999
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN Tk1E MATTER OF ) NOTICE OF VIOLATION
AND
OC 112 COAL MINE ) CEASE AND DESIST ORDER
T0: MACAR MINING ENTERPRIZES and all persons presently
owning or requiring now or in the future an interest
in the OC 1f2 Coal Mine.
FINDINGS OF FACT
Pursuant to the authority vested in the Mined Land Acclamation
Board by C.R.S. 1973, 34-32-123, as amended (1976 Session Laws, H.B.
1065) the Board hereby makes the following findings of fact:
1. Underground coal mining operations are reyuired to be per-
mitted by the Mined Land Reclamation Board pursuant to Chc ternis of
Article 32 of Title 34, C.R.S. 1973 as amended (1976 Session Laws, H.B.
1065).
2. Production records indicate recent mining rates at the OC 112
Coal Mine.
7/1/76-9/30/77 3983 tons
10/1/77-10/31/78 3067 tons-no production reported since
6/1/78
11/1/78-present 40-50 tons generated in a cleanup operation
associated with tunnel enlargement
3. The OC 112 Mine was first visited by a member of the Alined
Land Reclamation staff on August 15, 1978, and the operator was presented
with a 110 Limited Impact Application along with the Rules and Regulations
of the Colorado Mined Land Reclamation Board.
4. On December 12, 1978, the OC 112 Coal Mine was observed in
operation by a staff member of the Alined Land Reclamation Division.
5. The OC 11 2 Coal Mine has been operating since October 1, 1977
without a Mined Land Reclamation permit as required by the Colorado Mined
Land Reclamation Act.
6. The Federal Lease Hold for the OC 11 2 Coal Mine was sublet to
MACAR MINING ENTERPRIZERS on September 1, 1978.
7. MACAR MINING ENTERPRIZES submitted an incomplete application to
the Mined Land Reclamation Board on December 20, 1978.
NOTICE OP VIOLATION
You are hereby notified that the facts stated above constitute
a violation of Section 109 (4), Article 32, Title 34, C.F.S. 1973 as amended.
This section provides in pertinent part:
Mining operations which were lawfully being conducted prior
to July 1, 1976, without a permit may continue to be so conducted until
operators of such existing mining operations apply for a permit as
specified in this article.