GENERAL32126 - Laserfiche WebLink

Home Browse Search

(ti) Establish to the Division that the applicant has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation. If the administrative or judiciial hearing authority either denies the appeal or affirms the violation, then any surface coal mining operations being conducted under a permit issued according to 2,07.6(1) shall be immedialtely terminated, unless and until the provisions of 2.07,6(1)(b)(i) are satisfied. All the Notices of Violation, Cessation Orders and Civil Penalties have been addressed in a petition for appeal filed in Circuit Court in Vernon County, Missouri. The Division can issue the transfer of permit because Central West Coal Corporation has filed and is presently pursuing a judicial appeal to contest the validity of the Violations and Civil Penalties. However, continuation of mining at the Hawk's Nest Mine after the permit has been transferred to Blue Horizon Mining, Inc: is conditioned upon Central West Coal Corporation satisfying Rule 2, 07,6(1)(b)(i) and resolving the concerns in Missouri. If an administrative or judicial authority in Missouri denies the appeal or affirms the violations after remand, mining operations at the Hawk's Nest Mines will be immedialtely terminated until Rule 2. 07,6(1)(b)(i) is satisfied. The permit will remain in effect during such period: Due to these conditions under which the permit is to be transferred, a stipulation has been added to the transfer approval. This stipulation ensures that Blue Horizon Mining, Inc. is fully aware of the obligation placed on Central West Coal Corporation to diligently pursue resolution of the outstanding Violations and Civil Penalties in the State of Missouri. Resolution is necessary in order for the Hawk's Nest Mining Permit ifC-81-016 to remain in good standing and in order for mining operations to continue. STIPULATION: BCQE-AD1FI7(fN MINING, INC. SHALL IMMEDIATELY TERMINATE ANY SURFACE COAL MINING OPERATIONS UPON DENIAL OF ANY ADMINISTRATIVE OR _ JUDICIAL APPEAL OR AFFIRMATION OF ANY VIOLATION AFTER REMAND ATTRIBUTED TO CENTRAL WEST COAL CORPORATION, STAMPER COLLINS, OR RONALD D. SMITH, OR IF THE APPEAL WHICH IS UNDER REVIEW BY THE STATE OF MISSOURI ON THE DATE OF THIS APPROVAL OF TRANSFER OF PERMIT IS NOT PURSUED IN GOOD FAITH. SURFACE COAL MINING MAY RECOMMENCE, WITH RESPECT TO THIS STIPULATION, WHEN BLUE HORIZDN MINING, INC. SATISFIES THE PROVISIONS OF RULE 2.07.6(1)(b)(i) AND CRS 34-33-114(3). Information submitted by Blue Horizon Mining, Inc. has demonstrated an intent to comply with the requirements of 30 CFR Chapter VII, Subchapter R, the Surface Coal Mining Reclamation Act, and regulations promulgated pursuant to the act. Based on the above information, the Division finds that Blue Horizon Mining, Inc. will conduct operation of the Hawk's Nest East and West Mines in accordance with the requirements of the Act and Regulations, and the approved permit. A replacement performance bond in the form of Certificates of Deposit, for the amount of E621,000.00 had been submitted and approved. The amount of this bond is equivalent to the bond of the original permittee.