2011-10-25_REVISION - C1981044 ‎(2)‎

• Permit No: C1981044
• IBM Index Class Name: REVISION
• Doc Date: 10/25/2011
• Doc Name: 2011 Midterm Review
• From: DRMS
• To: Moffat County Mining, LLC
• Type & Sequence: MT6
• Email Name: JRS
• Email Name: SB1
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Office of
Mined Land Reclamation
25 October 2011
Mr. Jerry Nettleton
Moffat County Mining, LLC
29515 RCR 27
Oak Creek, CO 80467
Re: Williams Fork Mines C- 1981 -044
2011 Midterm Review (MT -06)
Dear Mr. Nettleton:
STATE OF COLORADO
Loretta E. Pineda
Director
On 28 June 2011 the Colorado Division of Reclamation, Mining and Safety (Division)
sent Moffat County Mining, LLC (MCM) a copy of the 2011 Midterm Review for the
Williams Fork Mines (attached). The midterm included 30 questions that required
MCM's attention. In the midterm, the Division required responses to the questions, in
the form of a revision, no later than 31 August 2011. MCM did request and was granted
an extension of the due date for the midterm responses to 30 September 2011. On 30
September 2011 the Division received a short letter, via e -mail, that contained brief
responses to the Division's midterm questions but no revision. Many of the responses
included the statement "...(c)opies of the revised permit discussion (or maps, tables, etc.)
accompany these responses for replacement in the PAP... ". As of this date, the Division
has not received the requested revision or revised permit materials.
The Division is concerned with the lack of either mining or reclamation at the site, as
detailed specifically in midterm questions 1, 2, 12, 15 and 28. As the Division stated in
the midterm, the site has been idle since 1995. Leaving the site in temporary cessation
for this extended period of time does not represent contemporaneous reclamation as
required by Rule 4.13 and does not meet the intent of the Colorado Surface Coal Mining
Act. It is the Division's position that MCM must either commit to the resumption of
operations and mining, through the submittal of a Permit Revision with an updated mine
plan and schedule, or begin reclaiming the site in earnest, through the submittal of a
Permit Revision with an updated reclamation plan and schedule for completion.
Additionally, in midterm questions 25 -27, the Division found that the bond liability at the
Williams Fork Mines was less than the amount required to complete reclamation pursuant
to Rule 3.02.2(1). The Division calculated a bond deficiency of $38,292.00. The
Division will initiate a Surety Increase pursuant to Rule 3.02.2(4) which will require
MCM to submit a bond rider for this amount (the total liability for the Williams Fork
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAF ETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Office of
Denver • Grand )unction • Durango Active and Inactive Mines