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r~_ • • III III III III IIII III <br />999 <br />STATE OF COLUKADO <br />/ MINED LAND RECLAMATION DIVISION <br />r Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fn x: 303 832-8706 <br />oe cow <br />~~ ~A~ <br />,lei '~~ <br />~~ 8 `• <br />•~,,~• <br />~ 1876 <br />Roy Ramer, <br />Governor <br />April 11 , 1991 0;~ oo p;°~or <br />Mr. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue, S,W., Suite 310 <br />Albuquerque, New Mexico 87102 <br />Re: Bourg Strip Mine (Permit C-81-021) 7DL X-91-02-244-2 TV 1 <br />Dear Mr. Hagen: <br />The above referenced Ten Day Letter (TDL) was issued April 2, 1991 following <br />inspection of the Bourg Strip Mine on March 28, T991 and received by this <br />office April 5, 1991. The letter alleges a violation of permitting <br />Rule 2.03.9(1) specifying "Failure to provide public liability insurance in <br />accordance with the state program, a generic insurance certificate" and <br />"the certificate covers "Flatiron Companies" whereas Mined Land Reclamation <br />Division regulations require each operation to be covered by the minimum <br />liability limits". <br />Enc]osed are pages from the permit application package for the Bourg Strip <br />Mine which indicates that the applicant, Walden Coal Company, is synonymous <br />with Flatiron Companies which is listed as insured on the certificate of <br />insurance provided. Contrary to the claim made in the TDL, Flatiron Companies <br />~a Walden Coal is, as applicant, providing public liability insurance in <br />accordance with the state program, since coverage for per sonai injury and <br />property damage exceeds the requirement of Rule 2.03.9(1). There is no <br />violation as cited. <br />While the fa iiure to specifically mention the Bourg Strip Mine on the <br />Certificate of Insurance does not mean that coverage is lacking for the <br />operation, the Division will require Flatiron Companies dba Walden Coal <br />Company furnish to the Division a revised insurance certificate which includes <br />a listing of the Bourg Strip Mine by May 75, 1991. By so doing, the Division <br />believes appropriate actions will have been taken to address any remaining <br />concerns regarding the alleged violation. <br />