Laserfiche WebLink
1 <br /> �Q�gNT OF lyF <br /> sm United States Department of the Interior <br /> � Ao <br /> � b <br /> OFFICE OF SURFACE MINING <br /> �gRCH s �eA� Reclamation and Enforcement <br /> IN R►.v REFER TO: 1999 Broadway,Suite 3320 <br /> Denver,Colorado 80202-5733 <br /> June 12, 1998 RECEIVED <br /> Mr. Michael Mechau <br /> JUN 16 1998 <br /> 3542 Front Street Division of Minerals <br /> Palisade, Colorado 81526 <br /> Dear Mr. Mechau: <br /> This letter is in response to your May 14, 1998, request for an informal review on behalf of the <br /> Crystal Valley Environmental Protection Association, Inc. (CVEPA). Specifically, in <br /> accordance with the Surface Mining Control and Reclamation Act of 1977 and the implementing <br /> regulations at 30 CFR 842.15, I have conducted an informal review of this agency's findings <br /> regarding the CVEPA's written complaint dated September 24, 1997 to the Office of Surface <br /> Mining (OSM). The complaint alleges that the State of Colorado has failed to ensure complete <br /> reclamation of Mid-Continent Resources' mined lands in Coal Basin. <br /> Discussion <br /> The crux of this complaint hinges on the interpretation of Colorado Rule 3.04.2(6) regarding <br /> bond forfeiture procedures and its application to the current situation. The counterpart Federal <br /> regulation can be found at 30 CFR 800.50 (d)(1). As a result of the September 24, 1997, <br /> complaint and supporting documentation, OSM issued a Ten-Day Notice (TDN)to Mid- <br /> Continent Resources (MCR)because it had reason to believe that bond forfeiture monies secured <br /> by the Colorado Division of Minerals and Geology(DMG) through a bankruptcy liquidation plan <br /> would be insufficient to cover the full cost of reclamation at the Coal Basin site. Specifically, the <br /> TDN alleged non-compliance with Colorado Rule 3.04.2(6) which reads as follows: <br /> "If the amount of the bond is insufficient to pay for the full cost of reclamation, <br /> the permittee shall be liable for the balance. The Division may complete <br /> necessary reclamation to the extent the forfeited funds permit and recover from <br /> the permittee, by means of civil proceedings and remedies all reclamation costs in <br /> excess of the forfeited amount to complete the remaining reclamation." <br /> In keeping with the provisions of the above cited regulation, and based upon documentation <br /> provided to OSM by both the DMG and the CVEPA, the facts bear out the following: <br />