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- d <br />C$9-074: 30-0av Icucr resoonsc, Mr. Thomas Ehmclt 3 <br />On April 16, 1993 Notice of Violation C-93-055 was issued by the Division to <br />Rimrock Coal Company for not identifying Landmazk Reclamation, Inc., awholly- <br />owned subsidiary of Randall and Blake, Inc, as an operator of the Rimrock Mine <br />(An AVS check conducted on April 16, 1993 resulted in a "conditional issue" <br />recommendation due to an "audit debt pending an appeal"). Abatement for the <br />NOV required Rimrock Coal Company to submit a minor revision to its permit to <br />update the identification of interests section, and address the outstanding Oklahoma <br />violations. <br />This minor revision was submitted on May 17, 1993. Rimrock Coal Company <br />submitted a copy of a sales agreement confirming that Richard Randall had severed <br />his interest in Randall and Blake, Oklahoma, Inc. in November 1982, prior to the <br />issuance of the outstanding violations issued in Oklahoma in 1984. The Division in <br />conjunction with AVS/Lexington, Kentucky, entered this information into the AVS. <br />The Division approved this minor revision on June 4, 1993, and terminated the NOV <br />on August 13, 1993. A November ] 1, 1993 AVS check conducted by the Division to <br />verify the status of the April 16, 1993 "conditional issue" found the system <br />recommendation this time to be "issue". <br />f) The information currently in the AVS, pertaining to the outstanding 1982 civil <br />penalties issued in Oklahoma, was not entered into the system until May 1994. <br />2) The Memorandum of Understanding between the State Regulatory agency and the <br />Office of Surface Mining requires that the AVS system be queried prior to issuance <br />of a new permit, or approval of a Permit Revision or a Succession of Operators. <br />None of these permitting actions have occurred since the last AVS check conducted <br />on November 11, 1993. As such, the Division has not had a reason to query the AVS <br />after this date. <br />Due to the aforementioned reasons the Division does not believe that the Rimrock Mine <br />Permit, Permit No. C-89-074 was issued improvidently on December 12, 1990. <br />The Division is now aware that civil penalties incurred on October 1, 1982 by Randall and <br />Blake, Oklahoma, Inc. remain unpaid. We are also aware that these unpaid civil penalties <br />are now linked to Landmark Reclamation, Inc. through Mr. Richard Randall, formerly <br />associated with Randall and Blake, Oklahoma, Inc., and currently a duector of Nurseries, <br />Inc., a partial owner of Landmark Reclamation. It is our understanding that Mr. Randall <br />is linked to these unpaid violations, since Mr. Randall had severed his interest and control <br />in Randall and Blake, Oklahoma, Inc. on November 18, 1982, but these civil penalties were <br />issued in October 1982. <br />