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Mr. Michael Mechau <br /> 3542 Front St. <br /> Palisade, CO 81526 <br /> Dear Mr. Mechau: <br /> This letter serves as the Office of Surface Mining's (OSM) final response to your written <br /> concerns in accordance with the Surface Mining Control and Reclamation Act (SMCRA) and <br /> implementing regulations found at 30 CFR 842.12. OSM has provided you letters dated March 6 <br /> and April 2, 1998, which document the initial receipt and processing of your concerns. <br /> In accordance with SMCRA your initial concerns received by OSM on March 2 and your <br /> subsequent concerns received on March 27 were both transmitted to the Colorado Department of <br /> Natural Resources, Division of Minerals and Geology (DMG). DMG provided OSM responses <br /> to your concerns dated March 30 and April , 1998. Both DMG responses are enclosed for your <br /> information. The January 5, 1998, memo from DMG to OSM referred to in DMG's March 30 <br /> response which provided OSM an update on this matter is also enclosed. OSM and the United <br /> States Department of the Interior, Regional Solicitor's Office, reviewed the DMG responses to <br /> your concerns. Following are our findings regarding DMG's responses to your concerns; and our <br /> responses to your concerns directed at OSM. <br /> OSM finds that DMG's March 30, 1998, response which includes by reference the January 5, <br /> 1998, memo to OSM adequately addresses your initial concern which stated " CITIZEN <br /> COMPLAINT alleging the failure of the State of Colorado to ensure complete reclamation of <br /> Mid-Continent Resources' mined lands in Coal Basin." Pages 2 and 3 of the January 5 memo <br /> adequately document the administrative, enforcement, and civil actions brought by DMG against <br /> Mid-Continent Resources and the agents of Mid-Continent Resources to date. Reclamation funds <br /> are being released through a 1994 bankruptcy court confirmed liquidation plan, and on-going <br /> reclamation accomplished with those funds at Coal Basin is also adequately documented in the <br /> January 5 memo. Both the January 5 memo and DMG's March 30 response state " The Court of <br /> Appeals' ruling left open the possibility of the Division pursuing funds against the agents of <br /> MCR should funds through the liquidation plan prove insufficient to conduct necessary <br /> reclamation." (emphasis added) <br /> OSM finds DMG has provided accurate and appropriate documentation of administrative, <br /> enforcement, and civil actions brought by DMG against Mid-Continent Resources and its' agents <br /> to date; accurately documented reclamation history and on-going reclamation activity at Coal <br /> Basin; and accurately characterized the Court of Appeals ruling as noted above. Given the above <br /> findings it is not necessary for OSM to perform an independent estimate of the cost of <br /> completing full reclamation at the Coal Basin site; nor is it necessary for OSM to independently <br /> file suit against Mid-Continent Resources, the Delaneys, and Reeves as you suggested. <br />