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GENERAL37859
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GENERAL37859
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Last modified
8/24/2016 7:57:50 PM
Creation date
11/23/2007 9:22:02 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1989074
IBM Index Class Name
General Documents
Doc Date
5/5/1997
Doc Name
Proposed Decision & Findings of Compliance for RN1
Permit Index Doc Type
Findings
Media Type
D
Archive
No
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The Division sent Rimrock Coal Company notice on March 14, 1995 of the company's <br />approaching permit expiration date of December 12, 1995. The operator submitted an <br />application for renewal of the pernut on March 27, 1995. The application was found <br />complete on April 6, 1995. Proof of publication of the notice regarding submittal of the <br />application was received by the Division on June 9, 1995. <br />On May 22, 1995 it came to the Division's attention that Rimrock Coal Company had been <br />dissolved as a corporation in July of 1994. Notification of this action was not provided by <br />the permittee, Rimrock Coal Company. As a result, the Division issued NOV-C-95-015 for <br />failure to provide information required by Rule.2.03.4 regarding ownership and control. <br />Information the Division received from the Colorado Secretary of States' Office indicated that <br />a valid permittee for the Rimrock Mine did not exist. An assessment conference was held on <br />July 19, 1995 with representatives of Rimrock Coal Company, Landmazk Reclamation, Inc. <br />and the Division. After consultation with the State of Colorado Attorney General's Office, <br />the Division made the decision to vacate the violation on November 9, 1995. The decision <br />was based on the fact that Rimrock Coal Company, the sole proprietorship, had formed a <br />second entity, Rimrock Coal Company, Inc., which was the entity later dissolved. Mrs. <br />Gloria Davis retained control of the sole proprietorship of the Rimrock Coal Company during <br />the formation and dissolution of the corporation. The Colorado Attorney General's office <br />found that Mrs. Davis continued to be the sole proprietor of the Rimrock Coal Company <br />without interruption. <br />The ApplicanWiolator System was queried on March 17, 1995, by [he Office of Surface <br />Mining-Albuquerque Field Office in preparation for a Random Sample Inspection. The AVS <br />recommendation was DENY. The system recommendation was brought to the Division's <br />attention during a random sample "oversight" inspection conducted on March 30, 1995. The <br />DENY recommendation was entered by the Oklahoma Department of Mines (ODM), as a <br />result of outstanding unpaid civil penalties originating from three cessation orders issued to <br />mines in Oklahoma. The AVS link was between the operator, Landmazk Reclamation, Inc. <br />and Randall and Blake of Oklahoma. The three cessation orders are Oklahoma Department of <br />Mines Nos. 802082, 813030, and 813061, issued on October 1, 1982. ODM records show <br />that these unpaid fines total $90,000.00. <br />On February 23, 1996, the Division was made awaze that an Administrative Hearing was held <br />at Tahlequah, Oklahoma in the Matter of Ownership and Control of Randall and Blake, Inc. <br />On February 23, 1996, the Division requested a copy of the results of that hearing. On April <br />22, 1996, the Division received the Findings of Fact and Issues Presented, an eight page <br />document. As stated on page eight, this document was submitted to Ms. Mary Ann Pritchard, <br />Coal Administrator for the ODM for a final determination. <br />On July 10, 1996, the Division requested an update from Ms. Pritchazd on the status of this <br />matter. On July 23, 1996 the Division received a FAX from the Oklahoma Department of <br />Mines indicating the Division would receive a copy of the conference decision by July 31, <br />1996. <br />4 <br />
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