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DEPARTMENTOFNATURALRESOURCES D. Moore Pascoe. E.ecutive Direcmr MINED LAND RECLAMATION DIVISION DAVID C. SHELTON Director R is nara p Lamm Governor January Lb, 1983 f0: Harrison-Peltron, Dorchester Coal Company, and GEC Minerals, Inc. FROM: David C. Shelton SUBJECT: Regulatory Relationship between Mines In Close Proximity No where else in the state do we have mines operating in such close proximity to each other and haviny such a close hydrologic and physical relationship as in your area near Florence. Over the years this has necessitated and will continue to necessitate close cooperation between your coal mininy companies and between the Division and your companies. Of primary concern recently has been the issue of who should permit what activities. Because some of you undertake coal mining and reclamation activities or exploration activities on land permitted by another company, the question arises as to who is responsible for permitting those activites. I am proposing to you that each company should ensure that the activities it undertakes are permitted under the Coal Program, regardless of the ownership of the land. This means the company undertaking an activity which must be permitted should ensure that is is so permitted and appropriately bonded. If it is unclear as to who actually did a certain activity we will look to the holder of the permit (if any) for that area. If, however, it is clear that a different coal company from the permit holder undertook the activity we will look to that unpermitted coal operator for a resolution of any possible violation. Under this policy each of you have the responsibility to: 1) Ensure that all activities you undertake are permitted, and 2) That anybody pursuing coal mining and reclamation activities on your land is also permitted. We will continue to try to integrate the needs of each of you in relationship to each other, but there is no substitution for your cooperation and continued communication with each other. I urge all of you to assess your current activities and any future activities which you may undertake in light of this policy. The goal of this policy and our entire program is to achieve sound environmental control and reclamation in cornpliance with the law. I trust that is your goal as well, but because of your close proximity there can be some difficulties and confusion. This potential confusion requires some additional effort on your part and ours to identify and solve issues before they become violations. If you have any questions concerning this policy please do not hesitate to call me. /ep Doc. No. 402 423 Centennial Building, 7313 Sherman Slreel Denver, Colorado 80203 Tel. (303) 866-3567