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i <br />r Or!1 <br />~~~°`°~u _ STATE OF COLORADO <br />Roy Romer, Govei <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SNELTON, Director <br />February 23, 1987 <br />Mr. Gifford Allen <br />Route 2 <br />Hotchkiss, Colorado 81419 <br />Re: Informal Conference - Blue Ribbon Mine Bond Release, C-81-047 <br />Dear Mr. Allen: <br />This letter is a follow up to the informal conference held on February 12, <br />1986 concerning Blue Ribbon Coal Company's partial bond release request. <br />During the conference several issues were raised that required further <br />investigation by our staff. <br />One issue that was raised is whether the Allens had the opportunity to provide <br />comments on the post-mining land use in accordance with Rule 2.05.5. A review <br />of our files did not identify any comments submitted by the Allens. It has <br />been pointed out that the Allens have access rights but are not the surface <br />owners of the disturbed area. This being the case, Blue Ribbon was not <br />obligated under the regulations to request comments. Although it may have <br />been a good idea to do so. <br />Even so, the Allens could have submitted comments or filed objections to the <br />permit application during the review process. Notice of the permit <br />application and a request for comments and objections was published in a local <br />newspaper four times over a four week period in March and April, 1981. As a <br />practical matter, I have not heard any objections over the proposed <br />post-mining land use or the final reclamation plan. These are the topics upon <br />which comments are being requested. <br />Concerning the bond release request, the Division may withhold all or part of <br />the bond amount if it is determined that reclamation was done incorrectly (not <br />in accordance with the approved plan) or is not complete. The issue raised by <br />the Allens was that the reclamation was done too soon rather than <br />incorrectly. As stated in the conference, the permittee (Blue Ribbon Coal <br />Company) has the authority to decide when to shut down the mine and initiate <br />reclamation. The Regulations of the Mined Land Reclamation Board for Coal <br />Mining do not contain any public notice requirements prior to cessation of <br />mining or Division authority to inhibit reclamation. Our only authority is to <br />ensure that when reclamation begins, it is done in a timely manner and in <br />accordance with the approved reclamation plan. If no reclamation concerns are <br />raised the Division will release the amount of bond which is no longer needed <br />for reclamation. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />,Z3 <br />