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• • iiiiiiiiiiuiiuiii <br />STATE O~ L~LVx~O <br />MINED LAND RECLAMATION DIVISION <br />Deparlmem of Nawral Resources <br />t 3t 3 Sherman 51.. Room 215 <br />Denver. CO 80203 <br />303 666~366~ <br />RAx 303 632 Bt06 <br />MEMO <br />DATE: October 17, 1990 <br />TO: Dan Mathews <br />FROM: Randy Price <br />o~~p <br />i-' 9 <br />\9Q <br />„r'T i' lC <br />~ \C) ~ l <br />...~,_ ~• <br />~ /876 <br />Roy Rumer, <br />Governor <br />Fretl R. Banta. <br />Dimsion Director <br />RE: Outline for the Formal Public Hearing in Which Alfred Hoyl Will Request that the <br />Board Suspend the Reclamation of the Fruita Mine. <br />Introduction: Mr. Hoyl has requested a formal public hearing as a person having an <br />interest which is or may be adversely affected by the issuance of Notice of <br />Violation C-90-030. This Notice of Violation was issued to American Shield Coal <br />Com any July 26, 1990 for failure upon permanent closure to reclaim the Fruita Mine <br />and for failure to implement the the approved reclamation plan and reclamation <br />timetable. Because of financial problems the American Shield Coal Company could not <br />do the work this past spring but is diligently pursuing funds through a bond <br />reduction. The Division has set as an abatement a new reclamation timetable. <br />1. The interim permit for the Fruita Mine (Permit # 79-60 ug/c) has expired. All <br />attempts to permit this mine under the permanent program have been unsuccessful and <br />this mine has remained unpermitted for the past 10 years. <br />2. The American Shield Coal Company had submitted a permit application to conduct <br />coal mitring and reclamation actrvftres, but they did not respond to the Division's <br />adequacy review and thus subsequently withdrew their application on June 29, 1988. <br />3. Alfred Hoyl submitted a permit application to conduct coal mining and reclamation <br />activities. This application was identical to American Shield's first application <br />but the original concerns were never addressed. <br />4. American Shield signed a lease agreement February 8, 1989 conveying all rights <br />to the surface of the Fruita Mine to Mr. Wilde and Mr. Hoyl. In this agreement <br />American Shied specifically reserved the right to fulfill and complete reclamation <br />on these properties (Exhibit A). <br />5. In a letter dated September 30, 1989 Mr. Dan Lynch, the owner and lessor of the <br />surface and fee coal, acknowledged that American Shield would reclaim the mine and <br />he requested a variance from approximate original contour for the Cameo portal <br />bench. He also understood that the out slope of the bench would have to be <br />recontoured to stabilize the slope (Exhibit B). <br />6. On August Zl, 1990 the Bureau of Land Management denied the request from Alfred <br />Hoyl to grant a 5 year extension to the Federal coal. These leases will expire in <br />December 1991 (Exhibit C). ~~` <br />