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: , :: GARFIELD CITIZENS' ALL1~1 IIIIIIIIIIIIIIII <br />"Dedicated to creating a sustainable future for Garfield County" <br />January 7, 1990 Fi~Cj~~ i/'~~ <br />JAN R 199t <br />Mr. Fred Banta, Director Mined Land <br />Colorado Mined Land Reclamation Division Reclamation ~IVi~iCn <br />1313 Sherman Street <br />Denver, CO 80203 <br />Dear Mr. Banta: <br />As you know, the Garfield Citizens Alliance is deeply con- <br />cerned about the serious problems at the Eastside mine. Over the <br />last nine months we discussed these with the staff and had two <br />informative meetings with you at which you expressed interest in <br />resolving the Alliance's concerns and suggested, toward that <br />goal, that we summarize these problems in writing. We believe <br />your suggestion is a sincere and thoughtful one and thus the <br />purpose of this letter is to provide a' summary and to request <br />immediate action from the Division on each of the problems. <br />1. Eastside's special use permit from Garfield County <br />expired on March 18, 1990. By letter dated March 19, 1990, <br />Eastside notified the Division that it had temporarily ceased <br />operations because its county special use permit had expired. <br />Thus, Eastside does not have the right to mine (34-33-110(2)(j)), <br />cannot demonstrate that it has obtained a county permit (Rule <br />2.03.10, 34-33-110(8), and cannot conduct surface coal mining <br />operations. The Colorado Coal Act requires reclamation to occur <br />as contemporaneously as practicable. [(34-33-120(2)(p) and <br />121(2(j) and Rule 4.13] <br />GCA Proposal: The Division order reclamation to commence immedi- <br />ately. <br />2. Although Eastside had written the Division on March 19, <br />1990, that the county special use permit had expired, the Divi- <br />sion recommended to the Board that Eastside's permit renewal be <br />granted and the permit was issued on June 29, 1990. Moreover, <br />the Division was fully aware that the mine continued to conduct <br />activities which constituted surface coal mining operations while <br />it was in temporary cessation status. (See pages 9-10 and Exhib- <br />it 10 of the Alliance's 733 petition.) Enforcement actions are <br />mandatory under Sections 34-33-123(1) and (2) of the Act. To <br />date, the Division has not taken enforcement action on these <br />violations. <br />1 <br />BOX 111 SILT, COLORADO 81652 945.8205, 984-2729, or 876-2924 <br />