_GENERAL DOCUMENTS - C1981017 (228)

Home Browse Search

STATE. OF COLORADO •DIVISION OF MINERALS AND GEOLOGY D,•p,trtment of Natural Resources PMP, Wt 131 1 Sherman St., Room 215 Denver,Colorado 80203 Phone"(103)866-3567 FAX (W3)832-8106 DEPARTMENT OF NATURAL RESOURCES March 30, 1998 Roy Romer Governor James S Lochhead Mr.Jim Fulton Executive Director wLchael B.Long Office of Surface Mining and Reclamation Enforcement Division Director 1999 Broadway, Suite 1320 Denver, CO 80202-5733 RE: Ten Day Notice X-98-140-1 16-001 Mid Continent Resources Coal Basin Mine Permit No. C-81-017 (Revoked) Dear Mr. Fulton: This letter serves as the Division of Minerals and Geology's ("the Division") response to the above referenced TDN. The TDN alleges a violation of Colorado Rule 3.04.2(6). That rule states, "if the amount of bond is insufficient to pay for the full cost of reclamation, the permittee shall be liable for the balance. The Division may complete necessary reclamation to the extent the forfeited funds permit and recover from the permittee, by means of civil proceedings and remedies all reclamation costs in excess of the forfeited amount to complete the remaining reclamation." The Division has held the permittee liable for the cost of reclamation, as evidenced by on-going civil proceedings. At this time, necessary reclamation is being completed with the forfeited bond funds. The Division is ensuring that the provisions of Rule 3.04.2(6) are enforced. Therefore, as further explained below, we contend that the alleged violation does not exist and, that the civil actions taken by the Division constitute good cause for not taking corrective measures in response to this Ten Day Notice. The Division provided an update of the status of on-the-ground reclamation efforts and civil proceedings in a memo to Mr. Mitch Rollings dated January 5, 1998. A copy of that memo is encloses. Please refer to pages 2 and 3 of that memo for a summary of civil proceedings taken to secure funds for reclamation.