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III IIIIIIIIIIIII III <br />999 <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 />FA%:303 832-8106 <br />04 ~o~ <br />~~~ ~~ <br />~~~a <br />~ o ~ <br />W <br />~ r876 ~ <br />DATE: August 24, 1990 <br />~/ . <br />T0: Fred Banta <br />FROM: Dan Mathews i ~~ ' <br />RE: Trinidad Basin Mine (C-84-048) <br />Roy Romer, <br />Govemar <br />Fretl R. Banta, <br />Division Director <br />Per your request I have attempted to summarize the situation with TBM and <br />outline our apparent options. <br />° On December 28, 1984, the Board found a pattern of violations to exist at <br />the mine and suspended permit C-81-048. TBM was ordered to cease <br />extraction and removal of coal, continue reclamation, monitoring, and <br />environmental control activities and to complete all outstanding <br />reclamation activities by July 31, 1985. <br />° The Board Order was subsequently modified to allow TBM until January 1, <br />1987 to complete reclamation of the loadout facility. The site was <br />reclaimed as required. <br />° In July, 1984, TBM was required by a court settlement to relinquish all <br />rights, title and interest in areas it had mined within the permit area. <br />° In 1988, surface rights to a major portion of the mine were sold to <br />Charles Baldwin of Baldwin Resources, with no restrictions placed on the <br />future use of the surface. Mr. Baldwin has subdivided a portion of the <br />reclaimed area into 35 acre lots, being marketed as "Del Aqua Canyon <br />Ranches." Apparently, Mr. Baldwin obtained a court order preventing TBM <br />from accessing the permit area to conduct necessary maintenance <br />activities. <br />° On March 1, 1989, OSM issued TDN X-89-02-244-2, for "failure to pass <br />disturbed drainage through a sediment pond..." based on an MLRD <br />inspection report. <br />° On March 11, 1989, we responded to the TDN by explaining the land <br />ownership/right of entry problem and indicated that we were working <br />toward a solution which would entail redesignation of the land use for <br />the area as residential, and ultimately remove the area of concern from <br />the permit area. Our response was deemed acceptable by OSM. <br />