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.: . ~;,1, ,off =~ ~ Unit States Department of tl~Interior 7 OFr'ICE OF THE SOLICrIOR },, DE~~'ER REGIO!d P.0. BO\ ?~OOi DENVER FEDER~.L CEYTER DE\VER. COLOR~IDO 80~"5 December 13, 1982 Memorandum To: Administrator, Western Technical Center, OSM, Denver From: Regional Solicitor, Rocky Mountain Region Subject: Review of Roadside and Cameo Mines Mining and Reclamation Plan We have reviewed the Proposed Decision and Findings of Compliance document prepared by the Colorado Mined Land Reclamation Division for Powderhorn Coal Company's Roadside and Cameo Mines. The company has applied for a single permit to conduct surface mining activities in two distinctly different mines separated from each other by the Colorado River. The state has identified numerous deficiencies in the application that individually probably would not support a challenge but collectively could be used to argue the mining and reclamation plan as presented is inadequate. Thirteen stipulations seem like an er_cessive number for a small mining operation. In addition, we have identified several issues that should be resolved before final action is taken on the application. Stip~~lation No. 13 requires a performance bond payable to the state of Colorado only. This is inconsistent with 30 C.F.R. § 742.12 (b) which provides: Performance bonds required for operations on Federal lands, where a State regulatory authority has administration and enforcement responsibilities under a State-Federal cooperative agreement, shall be payable to both the United States azd the State regulatory authority. Article IY of the cooperative agreement with the state of Colorado reaffirms this requirement and states "If the Agreement is term- inated, all bonds will revert to being payable on'_y to the United States to the extent that Federal lands are involved." As you know, this particular cooperative agreement is the subject of a