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-. III ~I~~II~II~~I~ III STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman Si.. Roam 215 Denver, CO 80203 303 866-3561 Rnx:303 832-8106 July 9, 1991 MEMO To: Frank Johnson, Dave Berry, Larry Routten From: Steve Renner `~i Re: Anticipated legal Issues, FY91/92 OF' CDC ti~~ ~~ „~~. g • ~r7 (eT} er.• • `~.~' . ~ r876 ~ Roy Romeo Govenwr Fred R. Ban W. Division Director The legal issues which the coal staff anticipates will require attorney general input during FY 91/92 are summarized below in order of decreasing priority. We are currently allocated 780 hours of Attorney General time. I think that this is a marginal allotment. Therefore, time needs to be budgeted carefully. Please see my Memo of June 13, 1991 for the AG referral procedures. 1) Carbon Junction- Continue to monitor bankruptcy hearings in Texas; continue to pursue terms of June, 1991 joint motion. 2) La Plata- Need to resolve conveyor status. Need to have bank install sediment control system. Possible bond revocation. 3) Mid-Continent- Need to pursue permit revocation and bond forfeiture at the January, 1992 Board meeting if terms of the settlement agreement are not met. Meet in mid November to discuss. 4) Southfield/GEC- Need to draft a settlement agreement between Southfield, GEC and the Division as soon as the Southfield tr technical issues are resolved. Anticipate a late Auquat completion. 5) Fruits- No permit at this site, but we hold a bond. We will probably forfeit the bond at the Sept. or Oct. Board meeting. Possible settlement, but highly unlikely. 6) Rulemaking- Anticipate the need to review proposed 181 rules and other rules proposed ae a result of 1989 733 letter from OSM. 7) Trinidad Basin- Revocation hearing was continued until the July Hoard meeting. Anticipate minimal involvement. 8) Hlue Flame- Possibly a request for judicial review. If not, then probably no involvement.