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Steven Renner 3 <br /> between USFS, DMG and OSM in early February and was to be reviewed by OSM <br /> and USFS prior to its implementation. MRI intends to begin reclamation of the <br /> road to Mine #5 this summer. Plans outlined by MRI during the 2-day visit do not <br /> appear to be similar to what is anticipated by USFS and OSM. They appear to <br /> believe that they are going to implement the plan submitted to DMG and OSM in <br /> April that in OSM's opinion was not acceptable. In that sketchy plan, there were <br /> very little to no backfilling of the road cuts and did not account for the agreed <br /> (DMG and OSM) upon 6 cubic yards per linear foot of backfill used in the <br /> reclamation cost estimate. I am very concerned that this plan has not been <br /> developed, and yet MRI plans to begin road reclamation. <br /> 2. It is OSM's decision that it will not enjoin in the State's personal liability suit <br /> against the MRI principals. Although we are not entering the suit with you, we <br /> would like to reach resolution regarding the cost estimate. One of the large cost <br /> items is the backfilling of the highwalls. Part of this will be resolved when the plans <br /> for Mines #3 and #4 are finalized. However, it would seem a good idea to <br /> complete the required demonstration for Mines #1 and #2 immediately. <br /> 3. OSM's legal support will continue with Ms. DeAnn Owen from the Denver's <br /> Solicitors Office rather than from an attorney detailed from the Knoxville Field <br /> Office. <br /> 4. 1 am requesting that a more detailed explanation be provided regarding the use <br /> of bond forfeiture funds to pay for reclamation at the mine, in particular, the <br /> relationship between MRI, potential contractors, and the release of funds to those <br /> contractors. OSM wishes to be assured that no bond forfeiture funds are given as <br /> payment to MRI or its principals for reclamation. OSM views MRI and its principals <br /> as being obligated to reclaim the site and cannot be funded through bond forfeiture <br /> monies to do this reclamation. <br /> If you have any questions, please call Bernard R. Freeman or me at 505-766-1486. <br /> Sincerely, <br /> Bernard R. Freeman, Chief <br /> Regulatory Programs Branch <br /> cc: Michael Long, DMG Director <br /> Allen Klein, AD-FO <br /> Michael Rosenthal, WSC <br />