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C-89-074: 30-dav Icttcr tcsyonu. Mr. 7Tomas Ehmctt 2 b) AVS checks were conducted for the applicant, Mr. William T. Davis, on March 6 and March 20, 1989, during the Division's review of the application. The AVS recommendation was "issue" for both queries. The permit for the Rimrock Mine was subsequently issued to Rimrock Coal Company on December 12, 1990. At the time of the permit issuance, Mr. William T. Davis was the sole owner and operator of the Rimrock Coal Company. Mr. Davis had not held a previous coal mining permit or operated a surface coal mining operation within five years preceding the application. c) Mr. Davis passed away in August 1991, at which time Rimrock Coal Company and the mine property were bequeathed to his widow, Mrs. Lucy Gloria Davis. Operations at the mine site had not yet started. An affidavit confirming the transfer of property to Mrs. Davis was received by the Division in April 1992. Rimrock Coal Company was listed in this affidavit as a sole proprietorship, with the sole proprietor being Gloria Davis. As a result of telephone conversations between Mrs. Davis and the Division, pertaining to this transfer of ownership, Mrs. Davis submitted a letter to the Division on July 9, 1992, co~rming that she was the sole operator and owner of Rimrock Coal Company. d) Mrs. Davis additionally stated in her July 1992 letter, that Randall and Blake, Inc. would act as environmental contractors to Rimrock Coal Company. Operations at the mine subsequently began in November 1992. Corresponding with mine start- up, anAVS check of Rimrock Coal Company conducted on December 23, 1992 provided an "issue" recommendation for the permittee. e) Landmazk Reclamation, Inc., an affiliate of Randall and Blake, Inc., was the entity that began conducting the actual mining activities at the Rimrock Mine. During the weeks following start-up, the Division subsequently determined that Landmark Reclamation fit the definition of an operator, as described in Section 1.04(80) of Colorado's Regulations, and determined that Rimrock Coal Company, by not identifying Landmark Reclamation as an operator, was in violation of Colorado's Regulations. On April 7, 1993 Landmark Reclamation and its associated officers and directors were entered into the Applicant Violator System. The corresponding system recommendation came back "deny". An AVS Citation Query indicated that Mr. Richazd Randall, of Randall and Blake, Inc., who was a director of Nurseries, Inc. (a partial owner of Landmark Reclamation), was linked to outstanding violations issued in 1984 to a coal mine in Oklahoma. This Oklahoma operation was owned or controlled by Randall and Blake, Oklahoma, Inc.