ENFORCE33808

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 9/16/1993
• Doc Name: REQUEST TO VACATE Memo
• From: DMG
• To: STEVEN RENNER
• Violation No.: CV1993112
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY oe~co

Depanment of Natural Resources ~
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1313 Sherman Si.. Room 215
Denver, CO 80203 • re~e
Phone: [phone]
FAX: [phone] Roy Romer
Governor
Michael B. Long
Dwision Director
DATE: September 16, 1993
T0: Steven Renner, Michael Long ,`[
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FROM: David Be~, Christine Johnst
RE: Mountain Coal Company - Request Vacate Notices of Violation,
C-93-112, C-93-113, C-93-114
On September 7, 1993, Mountain Coal Company (hICC) submitted a request to
vacate the above-referenced Notices of Violation (NOV's). These violations
were written on August i2, 1993, during an Office of Surface Mining (OSM)
oversight inspection, and the NOV's were written in lieu of receiving
Ten Day Notices (TDNs) from the OSM inspector. Given the currently available
information, NOV's C-93-112 and C-93-114 should probably be upheld. While
C-93-113 may be a valid violation, there may be some basis for vacating the
violation since our inspector was aware of, and approved via inspection
findings, the activity cited. Detailed explanations follow:
Notice of Violation C-93-112 (Surface Owner Notification)
This violation was written because we believe two surface owners were not
given formal or proper notice, as required by rule 4.20.2 (1), (2), and (3).
These surface owners are Grand Mesa Properties, and the United States Forest
Surface (USES). We recommend that this violation not be vacated.
MCC correctly states that a letter was sent to Grand Mesa Properties on
December 13, 1984. This letter, however, warns of undermining "on or about
February 1, 1985." MCC has provided a map to substantiate their claim that
mining under the subject property did not in fact occur until August 1985.
Therefore, MCC contends that while the letter specified an earlier mining
date, notice actually occurred at least 6 months prior to undermining.
It is our opinion that the map does not prove anything. The map is labeled
"Mt. Gunnison No. 1 Mine" "1986 Mine Plan". The map was apparently drawn
May 3, 1985, and it shows mining parcels labeled by month, but it is not clear
which year is being referenced. Also, the map is not certified. Regardless
of this ambiguity, the map shows wflat appears to be developed entries located
in the northeast quarter of Section 20. Given the drawing date of May 3,
1985, it actually seems that this map shows mine development under the Grand
Mesa Property during a period less that 6 months after the required notice.