ENFORCE34823

• Permit No: C1981048
• IBM Index Class Name: Enforcement
• Doc Date: 3/11/1989
• Doc Name: TRINIDAD BASIN MINE TDN X-89-02-244-2
• From: MLRD
• To: OSM
• Violation No.: TD1989020244002TV1
• Media Type: D
• Archive: No

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999
STATE OF COLORADO
~s
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION DIVISION
FRED R. BANTA, Dlrsctor
March 11, 1989
Mr. Gary Fritz
Office of Surface Mining, Reclamation
and Enforcement
625 Silver Avenue, S.W.
Albuquerque, New Mexico 87102
RE: Trinidad Basin Mine, TDN X-89-02-244-2
Dear Mr. Fritz:
In response to the above referenced TDN issued March 1, 1989 and received by
this office March 3, 1989, the Division acKnowledges that the situation
identified in the inspection report exists. We maintain however, that our
decision not to issue an NOV at this time is for good cause and that
appropriate action has and is being taken to correct the situation.
Circumstances surrounding activities at the Trinidad Basin Mine are extremely
complicated given past Board orders, Court orders and landowner changes.
The area mentioned in the TDN is a disturbed area that has undergone final
reclamation. Reclamation was conducted under a Board order dated
November 14, 1984 that resulted from the Division's issuance of a show cause
order. As a result of the hearing on this order, the Board suspended TBM's
permit and ordered final reclamation of the site. All reclamation activities
were to be completed by June 31, 1985.
In a subsequent action, the Board modified their original order allowing an
extension until January 1, 1987 for reclamation of certain facilities. The
property was reclaimed prior to the required date, in addition, approximately
40 acres of prelaw areas were reclaimed. The operator has been maintaining
the site as required since reclamation occurred.
Currently, Trinidad Basin Mining, Inc. is neither the owner or lease holder of
any of the acreage within the permit area. Asa matter of record, the company
was required by a court settlement dated July 5, 1984 to relinquish all
rights, title, and interest in areas it had mined within the permit area. In
addition, they were allowed to reclaim and maintain the site only with consent
of the land owner.
In 1988, surface rights to a sizable portion of the TBM Mine were sold to a
new land owner with no restrictions placed on the future use or disturbance to
215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203.2273 Tel. [phone]