ENFORCE36321

• Permit No: C1989074
• IBM Index Class Name: Enforcement
• Doc Date: 6/20/1995
• Doc Name: RIMROCK MINE CDMG PN C-89-074 NOV C-95-015 REQUEST FOR VACATION/MODIFICATION
• From: DMG
• To: LANDMARK RECLAMATION INC
• Violation No.: CV1995015
• Media Type: D
• Archive: No

~ ~ II I I II I II I II IIII iil ~~~
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Nalu ral Resources
1313 Sherman $1 , Raom 215
Denver. Colorado 80207
Phone: [phone]
fAk: [phone]
June 20, 1995
Mr. Mark Kerr
President
Landmark Reclamation, Inc.
4901 South Windermere Street
Littleton, CO 80120
Re: Rimrock Mine, CDMG Permit No. C-89-074
NOV No. C-95-015, Request for Vacation/Modification
Dear Mr. Kerr:
~~
DEPARTIv1EIJT OF
NATURAL
RESOURCES
Roy Romer
Governor
lames 5. Lochhead
Execwive Director
AAichael d. Lwg
Division Dmenor
The Division received Landmark Reclamation, Inc.'s request for vacation/modification of
Notice of Violation No. C-95-015 on May 30, 1995. After a review of the facts regarding
this violation, I do not believe the violation should be vacated or modified.
NOV C-95-015 was issued for failure to provide current relevant information to the Division
regarding ownership and control of a surface coal mining operation, and 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.
The permit is currently issued to Rimrock Coal Company. Rimrock Coal Company is the
permittee. Landmark Reclamation, Inc. has been approved as an operator.
It is our understanding that, during 1994 Rimrock Coal Company turned over all its assets
to Landmark Reclamation. The permit is an asset and therefore, this activity should have
been conducted as a transfer. However, no transfer was initiated at that time. This
constitutes a violation of Section 34-33-115(2) of the Colorado Surface Coal Mining
Reclamation Act. The Division was informed on May 15, 1995 by a third party, that
Rimrock Coal Company had been dissolved as a business entity effective December 2, 1994.
Neither Rimrock Coa] Company nor Landmark Reclamation, Inc. apprised the Division of
the dissolution or attempted to provide current ownership and control information as
required by Rule 2.03.4. Failure to provide this information is a violation of Rule 2.03.4 of
the State's Regulations.
Section 34-33-123(2) of the Colorado Surface Coal Mining Reclamation Act requires that
if an operation is out of compliance with the Act, "...a notice of violation to the operator or
a designated agent..." shall be issued. In addition to operators and designated agents, Rule