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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fax: 303 832-8106 <br />MEMO <br />TO: Fred Banta, Dan Mathews <br />FROM: Randy Price <br />OF ~Dfp <br />ti~ ~~ <br />~~ ~$ <br />y.~ t O ~• <br />~~~~ <br />Roy Ramer, <br />Gwenwr <br />Fretl R. Banta, <br />Division Direnor <br />DATE: October 18, 1990 ,~ ~ ~--~= <br />~$~~G! s <br />RE: REQUEST THAT THE ABATEMENT DATE FOR NOV C-90-030 ISSUED TO <br />THE FRUTTA MINE BE EXTENDED BEYOND 90 DAYS. <br />I am requesting pursuant to Rule 5.03.2(2)(c~ of the Regulations of the Colorado <br />Mined Land Reclamation Boazd for Coal Mming to extend the abatement deadline for <br />NOV C-90.030 an additiona130 days from October 24 to November 23. This would extend <br />the abatement period beyond 90 days. <br />NOV C-90-030 was issued to the American Shield Coal Company, Fruita Mine on July 26, <br />1990 for failure to reclaim upon permanent closure and for not implementing the <br />approved reclamation plan. This plan, as approved, required American Shield Coal <br />Company to complete reclamation at the site by June 4, 1990. Because of a lawsuit <br />this company was unable to get the money to do the reclamation. The NOV was issued, <br />and the abatement was for American Shield to complete bacl~"illing and grading by <br />October 24, 1990. American Shield was given the maximum 90 day abatement deadline. <br />Currently this company is diligently pursuing a bond reduction with the Division to <br />'acquire the money to proceed with the reclamation, however 90 days is not enough <br />time to complete this. <br />The mine is bonded for $141,000.00. Tom Gillis calculated that it would cost the <br />Division $90,000.00 to do the reclamation, therefore $51,000.00 is available for <br />release. American Shield believes that they can complete the reclamation with this <br />amount. <br />I am requesting pursuant to Rule 5.03:L(2)(c) of the Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining to extend the abatement period to <br />November 23, 1990- This rule states that an extension beyond 90 days may be granted <br />if the permittee has diligently pursued necessary approval of plans but such <br />approval has or will not be granted within 90 days. <br />RPP/rPP <br />xc: Jim Stevens <br />