ENFORCE37517

• Permit No: C1981015
• IBM Index Class Name: Enforcement
• Doc Date: 9/12/1989
• Doc Name: FRUITA MINE RECLAMATION AGREEMENT
• From: MLRD
• To: AMERICAN SHIELD COAL CO
• Violation No.: CV1988009
• Media Type: D
• Archive: No

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AGREEMENT
This Agreement is entered into this 31st day of August 1989,
between the Mined Land Reclamation Division, an agency within the Co orado
Department of Natural Resources (Division), and the American Shield Coal Company
(Company).
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 Fruits Mine;
WHEREAS, the Fruits Mine had been previously permitted by the Dorchester
Coal Gompany under the Reclamation Act;
WHEREAS, on or about April 29, 1986, the permit for the Fruits Mine was
transferred to the Company;
WHEREAS, subsequent to the issuance of the permit under the Reclamation
Act, the Fruits 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 reclamation bond on the
Fruits Mine in the form of a letter of credit drawn on the InterFirst Bank of
Dallas;
WHEREAS, the Division proposed to appear before the Mined Land Reclamation
Board (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 per-
mit the site pursuant to the terms of the Coal Act;
WHEREAS, the People of the State of Colorado would benefit from the
issuance of a permit to the Company pursuant to the terms of the Coal Act;
THE PARTIES HEREBY AGREE AS FOLLOWS:
1. The Company shall apply for a Reclamation Only Permit and submit a
reclamation plan by September 20, 1989.
2. The application shall comply with the terms of the Coal Act and shall
include an adequate reclamation plan.