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<br />• iiiiiiiiiiiiiiuiu ,~ <br />Trinidad Basin Chronology <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 />1981 to complete reclamation of the ioadout facility. The loadout site <br />was reclaimed as required, and backfilling, grading, and the majority of <br />topsoiliny and seeding were completed at the mine. <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, the Division responded to the TDN by explaining the <br />land 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 />° On Idarch 30, 1989, MLRD representatives met with Yance Mills of TBM and <br />Charles Baldwin. The matter of revising the postmining land use was <br />discussed, and we indicated that certain technical and legal questions <br />would need to be researched. <br />° On November 13, 1989, TBM submitted a one paragraph letter requesting <br />bona release. <br />° On November 15, 1989, Jim Pendleton, Mike Savage, and Randy Price <br />inspected the site to evaluate what would be needed from TBM to pursue an <br />alternative postmining land use which would shorten the liability <br />period. Jim indicated that, given the steep slopes and loosely compacted <br />nature of the backfilled slopes, detailed engineering and geotechnical <br />demonstrations would need to be made in order for us to approve the <br />alternative residential land use. This conclusion was conveyed to TBM by <br />Mike Savage in a letter of November 21, 1989, along with an explanation <br />of the procedures which would need to be followed in requesting the land <br />use change and a description of Phase II bond release procedures. <br />