1993-11-15_PERMIT FILE - C1981017

• Permit No: C1981017
• IBM Index Class Name: Permit File
• Doc Date: 11/15/1993
• Doc Name: Request for federal; Intervention ‎(Part 1of 2)‎
• Media Type: D
• Archive: No

demolition and facilities removal at the 3 Mine, sealed
approximately half of the 50 some openings on the property to
Mine Safety and Health Administration standards in accordance
with the State issued mining permit, removed underground storage
tanks and PCB containing transformers, removed a number of
overland conveyors, removed a number of warehouses at the mine
office area, began removal of the preparation plant facilities,
final graded the Sutey Refuse Disposal Area as well as
accomplishing a number of other reclamation tasks.
On July 23, 1993, the Division issued Notice of Violation C-93-
109 to Mid-Continent Resources (Appendix 20) . The Violation was
issued for failure to contemporaneously reclaim the Coal Basin
Mine site in accordance with the May, 1991 Board ordered
reclamation schedule. On September 22, 1993, the Colorado Mined
Land Reclamation Board, after proper notice to the parties,
declared Resources performance bond forfeited. One reason cited
at the forfeiture hearing was failure on the part of Resources to
adhere to the reclamation schedule outlined in the May, 1991
Board Order.
The Colorado Rules at 3 .05. 6 (1) (b) state that the Board shall
forfeit the performance bond if the Board finds that the
permittee has failed to adhere to an approved compliance schedule
(Appendix 21) . Resources failed to adhere to the schedule. As a
result of this failure to comply with the reclamation schedule,
the Board forfeited the performance bond in accordance with the
Colorado Rules. Action to forfeit at an earlier date did not
occur, as the Division believed that it was in the best interest
of the citizens of the State to obtain as much reclamation work
from the responsible parties as possible prior to forfeiture.
This decision was made given the belief that Resources would
abandon its reclamation efforts upon forfeiture. By allowing
Resources to accomplish some reclamation work, the amount of
reclamation which the State must accomplish with limited funds
was reduced, thus lowering the liability of the taxpayers.
The timing of the forfeiture is in compliance with the Colorado
Rules. The Colorado Rules, at 3. 05.6 state that the Board must
make a specific finding prior to bond forfeiture. Upon making
that finding the Board shall declare the bond forfeit. The
Colorado Rules are silent as to the point in time as to when that
finding must be made. In the case of Resources, the Board made
its finding at the forfeiture hearing. The finding that
Resources had not complied with the reclamation schedule came
after the point in time when the citizens exposure to perform
reclamation through the Division had been lessened due to the
work performed by the company.
Based upon the record, it is evident that Colorado has performed
in accordance with the Colorado Rules and the Statute, and with
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