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

the concurrence of the Office of Surface Mining. Therefore, a
determination that Colorado has not complied with the approved
program can not be substantiated.
Allowing Pitkin Iron to Reclaim the Coal Basin Mines
The Colorado Division of Minerals and Geology has required that
Mid-Continent Resources reclaim the Coal Basin Mines. The
Division contends that this requirement is fully supported by
Statute, Regulation and by the May, 1991 Mined Land Reclamation
Board Order.
The Colorado Surface Coal Mining Reclamation Act at CRS 34-33-113
states that parties to whom a coal mining permit shall be held
liable for performing reclamation of the permitted mine to the
requirements of the approved reclamation plan. The Surface
Mining Control and Reclamation Act at 30 USC 1259 mirrors this
language. The Colorado Rules at 3 . 02. 1 requires that those
persons to whom a Coal Mining Permit is issued (Permittee) shall
be responsible for the completion of the approved reclamation
plan.
On May 22, 1991, the Colorado Mined Land Reclamation Board
entered an order which required Mid-Continent Resources,
permittee for the Coal Basin Mines, to reclaim the mine site
according to a particular schedule outlined in the Order
(Appendix 18) . The schedule requires that particular mine
facilities be reclaimed within specific time frames. The
requirement to reclaim the mine facilities is outlined in the
reclamation plan approved by the State and the Office of Surface
Mining. The May, 1991 Order was twice modified, in January of
1992 and in May, 1992 . Both of these modifications require that
Mid-Continent perform site reclamation.
In February, 1992, Mid-Continent Resources filed for protection
under the United States Bankruptcy Code. Following this filing,
Resources indicated to the Division that it was financially
unable to perform site reclamation, but desired to find a
solution which would enable them to attempt to perform their
reclamation obligations. Of particular concern was the fact that
Resources could no longer guarantee that workmans compensation
and general liability coverage would be provided to those
individuals performing the reclamation work. Resources indicated
that a sister corporation, Pitkin Iron, a company apparently
unaffected by Resources bankruptcy filing could provide such
coverage. The Division, intent upon insuring that the permittee
perform its obligation to reclaim the site, agreed that the use
of Pitkin Iron, essentially as a subcontractor to Resources,
would be beneficial to all in that reclamation of the site would
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