ENFORCE36372

• Permit No: C1981015
• IBM Index Class Name: Enforcement
• Doc Date: 8/22/1989
• Doc Name: AGREEMENT
• Violation No.: CV1988009
• Media Type: D
• Archive: No

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AGREEMENT
This Agreement is entered into this 22nd day of
August 1989, between the Mined Land Reclamation Divi-
sion, an agency within the Colorado Department of Natural
Resources (Division), and the American Shield Coal Company (Com-
pany).
WHEREAS, the Division is charged with the administration
and enforcement of the Colorado Mined Land Reclamation Act
(Reclamation Act), §§ 34-32-101 to 34-32-125, C.R.S (1984 & 1989
Supp.), and the Colorado Surface Coal Mining Reclamation Act
(Coal Act), §§ 34-33-101 to 34-33-135, C.R.S. (1984 & 1989
Supp.);
WHEREAS, on or about February 7, 1986, the Company became
the owner of a coal mine in Mesa County known as the Fruita Mine;
WHEREAS, the Fruita Mine had been previously permitted by
the Dorchester Coal Company under the Reclamation Act;
WHEREAS, on or about April 29, 1986, the permit for the
Fruita Mine was transferred to the Company;
WHEREAS, subsequent to the issuance of the permit under the
Reclamation Act, the Fruita Mine became subject to the terms of
the Coal Act;
WHEREAS, the Company has never obtained a permit under the
Coal Act as required by § 34-33-109, C.R.S. (1984);
WHEREAS, the Division currently holds a $141,000 recla-
mation bond on the Fruita Mine in the form o£ a letter of credit
drawn on the InterFirst Bank of Dallas;
WHEREAS, the Division proposed to appear before the Mined
Land Reclamation Hoard (Board) at the August 1989 meeting to seek
forfeiture of the reclamation bond and begin reclamation of the
site;
WHEREAS, the Division has foregone its intent to forfeit
the bond at the August Board meeting due to promises from the
Company that it would seek to permit the site pursuant to the
terms of the Coal Act;
WHEREAS, the current reclamation bond is insufficient to
reclaim the site in accordance with the Coal Act;