PERMFILE112805

• Permit No: C1982054
• IBM Index Class Name: Permit File
• Doc Date: 10/17/1990
• Doc Name: STAFF PRESENTATION BY HARRY RANNEY/JIM STEVENS
• Media Type: D
• Archive: No

•
Minutes, October 17 - 18, 1990
Staff Presentation by Harry Ranney/Jim Stevens:
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13. PUEBLO COAL, INCORPORATED File No. C-82-054
278 Sawyer Drive, Suite A
Durango, CO 81301
Secs. T34N, R9W, S4, T34 1/2N, R9W, 533, T35N, R9W, 533, La Plata
County, 114 acres; private surface coal operation. Reconsider previous
decision to deny permit to conduct coal mining.
h1r. David Sturges, an attorney representing the operator, recounted the
actions taken by the Board at the July Board Meeting. At that time,
the reclamation bond was forfeited, because it had not been replaced
and the Board upheld the Division's June 7, 1990, recommendation to
deny a pending permit renewal, because the operator failed to submit
information regarding the permit renewal.
The Division subsequently informed the operator that if the permit
renewal information and the bond were in place by August 20, 1990, the
Division would join the operator in a request for reconsideration of
the Board's July decision. Some permit renewal information was
submitted by the operator on August 20, 1990, but a replacement bond
was not submitted. _
The deadline for posting a reclamation bond and resolution of other
outstanding issues was September 7, 1990. Because of the bankruptcy
status of the operator, the bond was not submitted. On September 20,
1990, the operator requested that the Board reconsider its decision to
deny permit renewal. Additional information required for
reconsideration of the permit renewal was submitted on October 2,
1990. The Division's October 9, 1990, letter to the operator listing
outstanding issues still unresolved was not received by the operator
until October 15, 1990.
Mr. Sturges referenced an October 12, 1990, letter along with Pueblo
Coal's first amended plan of reorganization from bankruptcy. That
company proposes to sell its assests to Oak ridge Coal, after receiving
an approval from the bankruptcy court, which is expected in late
November of this year.
Mr. Sturges asked the Board to reconsider its decision of July 25,
1990, to deny the pending permit renewal. He also asked the Board to
accept a petition for reconsideration, pending discussions between the
htr. Frank Johnson and Mr. Sturges to develop a findings of fact,
conclusion of law and an order to be presented to the Board at the
November Board Meeting. He answered questions from the Board.
Staff said the Division's intention since the July Board Meeting was
that when the replacement bond was submitted and the remaining
~ outstanding renewal issues were adequately resolved, the Division would
support the operator's request for reconsideration of the Board's
decision. The bond has not been submitted and outstanding renewal