_GENERAL DOCUMENTS - C1981017 (251)

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12/02/93 12:49 3039633259 P.01 -2- MID-CONTINENT/COAL BASIN UPDATE-As most local CVEPA members know, the past summer has seen a flurry of events relating to Mid-Continent's mines in the Coal Basin. In the summer of '92, the State revoked Mid-Continent' s permit and the' company filed for bankruptcy. The State left Mid-Continent and Pitkin Iron, an affiliate, in charge of reclamation. Due to Mid- Continent's falling behind on the reclamation schedule and due to the combined pressure of Federal Office of Surface Mining (OSM) , sound criticism of the ,reclamation program by the US Forest Service and several newspaper articles, on September 22, 1993 the State Mined Land Reclamation Board ordered the forfeiture of the reclamation bond consisting of the lime dust plant near Carbondale. The lime dust plant will be sold to help pay for reclamation, however the sale price undoubtedly will be fa failure to secure ssthan the cost of reclamation, thanks to the State's appalli 0 adequate bond as the law required. As yet, the lime dust plant has not been sold. In an apparent effort to mitigate the scandal of its bonding arrangement, in September the State filed suit against John Reeves, the president of Mid-Continent Resources, and Robert and Diane Delaney as officers of Mid-Continent, to hold them personally liable for the full reclamation cost. Also in September, CVEPA President Bill Jochems, in a letter to the Federal office of Surface Mining, reciting the State's miserable record of regulating Mid-Continent, asked the Feds to take over the job of reclamation from the State. The State not surprisingly, is resisting this and is trying to show that it knows best how to accomplish the colossal task of reclamation. A decision from OSM whether to take over the coal mine site is expected December 1, 1993, We do not know if the FEDS will do a good job, but we do know that the State has made a mess of it. CVEPA has been actively involved during the past several months in the hopes that a reasonable reclamation plan is put in place and, in one way or another, is executed. CVEPA enlisted the assistance of other local environmental groups and Carolyn, Johnson (an expert in coal mine reclamation and regulation and an old friend of CVEPA) , a�Will Collette of the Citizens' Coal Council to help make the responsibl gencies accountable for their actions (or lack of action) . By means of formal complaints prepared by Mike Mechau, CVEPA has caused OSM and the State to focus on some particularly hazardous problems in Coal Basin, and on deficiencies in the State's reclamation plan. With the generous assistance of LightHawk (the Environmental Air Force) , Bill Jochems, Jack Sebesta and Greg Durrett arranged for local media to be flown over Coal Basin to heighten the public's awareness of the devastation present. Numerous articles appeared in the local press and also in the High Country News. Unless public awareness and interest are enhanced, there is plenty of reason to fear that the clean-up of Coal Basin will fail . On 4 November 1993, the State visited Carbondale to meet with concerned environmental groups and the general public to discuss the status of the mine reclamation. Hand-outs included a chronology of the mine operation, reclamation performed during 1993 and status of refuse piles, sedimentation, bond adequacy, analysis of Crystal River water quality and rationale for allowing Pitkin Iron to do the reclamation. In addition it was noted that "Mid-Continent has fallen as much as one year behind in the Mined Land Reclamation Board ordered reclamation schedule." Another public meeting is scheduled for Monday 13 December 1993 at the Days Inn in Carbondale from 6:3O pm to 9:00 pm. The agenda will includex Updates on Bankruptcy Proceedings, Reclamation Schedule/Costs, Water Quality Studies, and discussion of the Scope of an Environmental Audit as well as other public concerns. Please try to attend that meeting. BEST WISHES TO ALL FOR A HAPPY HOLIDAY SEASON! ! ! 6 1