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t <br />III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />131 3 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phony 11031 AL6~3567 <br />fAY: 1303) A12 AIOG <br />November 14, 1995 <br />Mr. Robert Weaver <br />O.C. #`2 Coal Mine <br />2054 County Road 730 <br />Gunnison, CO 81230 <br />RE: O.C. iF`2 Coal Nine; Permit No. C-80-002 <br />Dear Mr. Weaver; <br />L~~~„•.s In~nheaJ <br />[v.~ ml~r D~~ea nr <br />.VU haeI Il Lung <br />Un nom ITna lrv <br />To follow up our conversation on November 6, 1995, regarding your options for the <br />O.C. ,%2 Coal Mine, I am providing this letter. You have recently indicated a <br />desire to cut short your involvement and responsibility for the mine. You asked <br />to be advised about the process which would occur if you chose to halt <br />reclamation and let the permit be revoked and, ultimately, the bond forfeited. <br />At this point in time there are only three options available to you. Let me <br />reiterate that you are currently under a permit requirement to have reclamation <br />completed by November 1, 1995. That deadline has passed, reclamation work is <br />still required, and no request for an extension has been made. <br />Therefore, the first option would involve the issuance of a Notice of Violation <br />(NOV) for failure to reclaim the site by November 1, 1995, as committed in Minor <br />Revision No. 1. You would be given a fairly short time frame to abate the NOV. <br />The abatement would be to commence reclamation. Following the expiration of the <br />abatement deadline, the Division would issue a Failure to Abate Cessation Order <br />(FTACO), if reclamation has not commenced. There would again be a short time <br />frame to abate the FTACO. If the FTACO is not abated then the Division would go <br />before the Board in December or January and request that the Board revoke the <br />permit and forfeit the bond. There are usually monetary penalties associated <br />with a NOV and a FTACO which could be substantial. The Div ieion could recommend <br />to the Board that the penalties be reduced. Please be aware that this would be <br />a recommendation and does not ensure that the Board will agree with the Division. <br />The second option would also involve issuance of a NOV for failure to reclaim the <br />site by November 1, 1995. However, if you intend to reclaim the site under the <br />NOV, we would establish a series of abatement deadlines. The abatement steps <br />would include a requirement that you submit documentation that indicates to us <br />that you will complete the reclamation in the spring of 1996. This option will <br />require us to consult with the Stratmans' for their concerns. Please be aware <br />that if you do not provide us with the necessary documentation required in the <br />abatement or do not complete the reclamation on time, we will proceed with the <br />FTACO and to the Board to revoke the permit and forfeit the bond. In addition, <br />the Division could probably not recommend to the Board that the penalties <br />associated with the violations be reduced. <br />If you select option one or ultimately fail to complete reclamation under option <br />two, you should be aware that you would be entered into the Applicant Violator <br />System (AVS) and not be allowed to mine coal in the U.S. There would also be the <br />potential for personal liability to recover any civil penalties associated with <br />the violations and additional bond money if the bond was not adequate to reclaim <br />the site. <br />I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ruv Rumen <br />c~l.~~rn~l. <br />If you select option two, please be aware that the site will continue to be <br />required to meet each of the criteria associated with Phase I, II, and III bond <br />