ENFORCE34460

• Permit No: C1989074
• IBM Index Class Name: Enforcement
• Doc Date: 10/27/1995
• Doc Name: RECOMMENDATION TO VACATE NOV C-95-015 RIMROCK COAL CO
• From: SANDY BROWN
• To: MIKE LONG
• Violation No.: CV1995015
• Media Type: D
• Archive: No

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TO: Mike Long ~ ~~~
FROM: Sandy Brown
DATE: October 27, 1 95
RE: Recommendation to Vacate NOV C-95-0]5,
Rimrock Coal Company
Cheryl Linden of the Attorney General's office has reviewed the file regarding NOV C-
95-015 issued to Rimrock Coal Company. After discussing the circumstances with her I
am recorrtmending the NOV be vacated for the reasons described below.
NOV C-95-015 was issued to Rimrock Coal Company for "Failure to provide current
relevant information to the Division regarding ownership and control of the surface
mining operations (failed to inform the Division that Rimrock Coal Company, the
permittee, was dissolved on December 2, 1994). Failure to obtain written approval from
the Division prior to the transfer, assignment or sale of the rights granted under Permit
No. C-89-074". Janet Binns issued the NOV on May 22, 1995.
An assessment conference was held on July 19, 1995 to discuss this NOV. Janet Binns
and Dan Hernandez represented the DMG, Geoffery Waters represented Rimrock Coal
Company and Mark Kerr represented the operator of the mine, Landmark Reclamation.
Because of legal questions that arose in the conference, assistance from the Attorney
General's Office was requested. The AG did not have an opportunity to review the file
until October 24, 1995.
In the assessment conference Ms. Binns explained that OSM notified the DMG on May
15, 1995 that the Secretary of State's records showed Rimrock Coal Company, a
Colorado corporation, had been dissolved, effective December 2, 1994. Ms. Binns
confirmed this with the Secretary of State's office and also with a representative of
Rimrock Coal Company, Geoffery Waters, son-in-law of Gloria Davis, the owner of the
mine.
At issue was whether there was a valid permittee for the Rimrock Coal Mine. The
Division felt that since the corporation had been dissolved, there was no longer a
permittee. Essentially there was no permittee for approximately six months a[ the
Rimrock Coal Mine. Landmark Reclamation is the operator, and they are conducting all
the reclamation on the mine site.
Mr. Waters, representing Rimrock Coal Company, requested for the NOV to be vacated.
He confirmed that yes, the corporation had been dissolved last December. However, the
mine was originally permitted was Rimrock Coal Company, a sole proprietorship. Gloria
Davis was still the sole proprietor of the mine. The permit was never transferred to the
Rimrock Coal Corporation or any other entity. The permit always remained in the
possession of Rimrock Coal Company, a sole proprietorship.
For background information Mr. Waters said that Bill Davis, the original owner of
Rimrock Coal Company and permittee, passed away in 1991. Through his estate, the