GENERAL53894

• Permit No: C1980002
• IBM Index Class Name: General Documents
• Doc Date: 11/14/1995
• Doc Name: O C 2 COAL MINE PN C-80-002
• From: DMG
• To: O C 2 COAL MINE
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

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999
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depart mcm of Nalu ral Hcsources
I31 } Sherman SL, Houm ! I S +a

Denver, (~Jnradu H117U 4 I
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Phone. 1 4U 41 NL6~356i II
FAY' 17071 H 4'_ HI UL
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November 14, 1995 A
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RESOURCES
Mr. Robert Weaver
O.C. #2 Coal Mine Rnv ROiner
2054 County Road 730 ~Oeef"O1
Gunnison, CO 81230 laine.s Irn ~ineaJ
Caec ulirr Uuei ion
RE: O.C. X2 Coal Miae; Permit No. C-80-002 Micnae~H Long
Drvnion Uuc<iw
Dear Mr. Weaver;
To follow up our conversation on November 6, 1995, regarding your options for the
O.C. ~2 Coal Hine, I am providing this letter. You have recently indicated a
desire to cut short your involvement and reeponsib it ity for the mine. You asked
to be advised about the process which would occur if you chose to halt
reclamation and let the permit be revoked and, ultimately, the bond forfeited.
At this point in time there are only three options available to you. Let me
reiterate that you are currently under a permit requirement to have reclamation
completed by November 1, 1995. That deadline has passed, reclamation work is
still required, and no request for an extension has been made.
Therefore, the first option would involve the issuance of a Notice of Violation
(NOV) for failure to reclaim the Bite by November 1, 1995, as committed in Minor
Revision No. 1. You would be given a fairly short time frame to abate the NOV.
The abatement would be to commence reclamation. Following the expiration of the
abatement deadline, the Division would issue a Failure to Abate Ceasat ion Order
(FTACO), if reclamation has not commenced. There would again be a short time
frame to abate the FTACO. If the FTACO is not abated then the Division would go
before the Board in December or January and request that the Board revoke the
permit and forfeit the bond. There are usually monetary penalties associated
with a NOV and a FTACO which could be substantial. The Division could recommend
to the Board that the penalties be reduced. Please be aware that this would be
a recommendation and does not ensure that the Board will agree with the Division.
The second option would also involve issuance of a NOV for failure to reclaim the
site by November 1, 1995. However, if you intend to reclaim the site under the
NOV, we would establish a series of abatement deadlines. The abatement steps
would include a requirement that you submit documentation that indicates to us
that you will complete the reclamation in the spring of 1996. This option will
require us to consult with the Stratmans' for their concerns. Please be aware
that if you do not provide us with the necessary documentation required in the
abatement or do not complete the reclamation on time, we will proceed with the
FTACO and to the Board to revoke the permit and forfeit the bond. In addition,
the Division could probably not recommend to the Board that the penalties
associated with the violations be reduced.
If you select option one or ultimately fail to complete reclamation under option
two, you should be aware that you would be entered into the Applicant Violator
System (AVS) and not be allowed to mine coal in the 0.5. There would also be the
potential for personal liability to recover any civil penalties associated with
the violations and additional bond money if the bond was not adequate to reclaim
the site.
If you select option two, please be aware that the site will continue to be
required to meet each of the criteria associated with Phase I, II, and III bond