Laserfiche WebLink
3. Colorado is a..primacy state .and must .enforce and maintain all <br />.applicable Federal laws ooncemin~;. coal mining, The .Notice of <br />Violation at °.ssue,'.,:dated February; 15; 2007 provides <br />asin/Westmoreland within 90 ,[lays to abate the virilatinn_. Slid <br />batementdate is~,lVlav 15;2007.. <br />30 CPR § 843.12 (f) limits the circumstances which may qualify a <br />surface coal mining operation: for. an abatement period of more <br />than 90 days. The 5 reasons that an extension can occur DO <br />NOT ,APPLY IPl THIS INSTANCE and therefore no hearing <br />can take place after May 15, 2007. If the Notice of Violation is <br />{ not abated by 13asin/Westmoreland on or bcforc May 15, 2007, <br />J DRMS must issue a failure to abate and a cessation order. <br />4. 30 CFR § 843.16 requites I3asinJWestmoreland to file a request <br />for review within 30..d3ys after the Notice of Violation is received <br />The NOV is dated March 16, 2007. Basin/Westmoreland is out of <br />time to make such a request. Further, even if MLRB grants such a <br />request, the request and/or hearing DOES NOT STAY the Notice <br />of Violation in any event. <br />S. MLRB was placed on notice by the United States llepartment of <br />the Interior, ~Off~ce of Surface Mining in June, 1996 and again in <br />~ February, 2007 that the Colorado regulatory program must <br />J implement 30 CFR § 817.121 (c) (5) which was required as a <br />result of 1995 Federal regulations promulgated pursuant to Section <br />720.of SMCRA. 30 CPR § 817.121 (c) (5) requires the permittee <br />to post an additional performance bond within 90 days of the date <br />the subsidence damage occurred or, in no case, later than one year <br />from that date. MLRB has responded to OSM that Rule 3.02.2(4) <br />ilzcorporates the requirements of 30 CFR 817.121(c)(S). The <br />Judgment in O1CV26 fmding coal mining subsidence is dated <br />December 2002. <br />Tatams presented their argument for the legal necessity for the <br />increase of tkze bond in their eaxlier response to Basin's Apri120~' <br />"Statement of Reasons". On March 8, 2007, (Txhibit 1) OSM <br />stated that DRMS had the authority to enforce of 30 CPR §817.121 <br />(c} (5) and further, OSM agreed with DRMS that an "order to <br />increase the bond in the amount of the State of Colorado judgment <br />2 <br />60 3~Jtld W111p1 WIt 65L09b86IL I7~ZI L00Z/Z0/50 <br />