ENFORCE35855

• Permit No: C1987072
• IBM Index Class Name: Enforcement
• Doc Date: 1/25/1989
• Doc Name: LA PLATA COAL CORP C-87-022 LIABILITY
• From: MLRD
• To: OSMRE
• Violation No.: CV0000000
• Media Type: D
• Archive: No

- iii iiiiiiiiiiiiiiii ~
N~~°F,~4, 999 STATE OF COLORADO
•~~g Roy Romer, Governor ~
~e~e ` '- ~
\,, ` ,
DEPARTMENT OF NATURAL RESOURCES ~ ~ ~~
MINED LAND RECLAMATION DIVISION ~''~' '
FRED R. BANTA, Director ~ ~~ ~~/~~~
January 25, 1989
Ms. Donna Griffin
OSMRE
Albuquerque Field Office
625 Silver Avenue, SW
Suite 310
Albuquerque, NM 87102
Re: La Plata Coal Corp, (C-87-022) Liability
Dear Ms. Griffin:
Attached please find a letter from td r. Frank Johnson, Colorado Assistant
Attorney General to Mr. Russell Wienecke, counsel for Claremont Exploration,
explaining the State of Colorado's position regarding responsibility and
liability for violations at the La Plata No. 1 Mine.
In summary, Mr, Johnson finds that the partners (Claremont, Flagg-Redfern,
Dugan, and LaPlata) are liable for actions caused by a single partner under
Colorado statute. Further, unless proper notice is given, the partners remain
liable even after dissolution of the partnership. In this instance, proper
notice was give to the State of Colorado on July 20, 1987. Therefore, on page
2 Mr. Johnson states, "The Division does not consider the partnership liable
for events or violations that occurred after July 20, 1987,"
Mr, Rathbun's assertion that the partners might be responsible for the alleged
violations in OSM TDN X-88-02-244-3-N -3 issued June 10, 1988, is not in
concurrence with the protections afforded by the o ora o statutes governing
partnerships and the position of the Colorado Assistant Attorney General and
the Division,
215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. [phone]