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1 <br /> PPS�ENT OF yF <br /> r TM_ <br /> y^ United States Department of the Interior MMMC <br /> O <br /> OFFICE OF SURFACE MINING <br /> �4RCH 33 Reclamation and Enforcement <br /> Washington,D.C.20240 <br /> APR 6 1994 ipF Vr r <br /> 1�P 11 1994 <br /> Mr. William D. Jochems <br /> President, Crystal Valley Environmental <br /> Protection Association, Inc. <br /> 654 Redstone Boulevard <br /> Redstone, Colorado 81623 <br /> Dear Mr. Jochems: <br /> By letter dated September 13, 1993, you requested, pursuant to 30 CFR 733.12 and <br /> 906.30, that the Office of Surface Mining Reclamation and Enforcement (OSM) take <br /> control of reclamation of the Coal Basin Mine, which prior to permit revocation was <br /> operated and permitted by Mid-Continent Resources, Inc. Although your letter was <br /> addressed to Mr. Robert Hagen, Director of the Albuquerque Field Office, it was <br /> referred to me for reply because the nature of the action you requested requires a <br /> -decision-at the-Headquarters level. <br /> I recognize that this site has significant reclamation problems, and I understand your <br /> frustration at the numerous setbacks Ml delays that have occurred. As I recently <br /> stated in a speech, this site is an embarrassment-to both OSM and Colorado. <br /> However, after carefully reviewing your allegations and the measures that Colorado <br /> -has taken to date to address the site's reclamation needs, I have determined that the <br /> action you requested is not warranted at this time. Given the financial condition of <br /> the permittee, a Federal takeover of the Coal Basin Mine and withdrawal of State <br /> authority would neither ensure nor enhance the accomplishment of reclamation. <br /> Additional allegation-specific reasons for this determination are set forth in detail in a <br /> separate document enclosed with this letter. <br /> With respect to your request for Federal involvement in the Mid-Continent bankruptcy <br /> proceedings, OSM is actively working with the State in an effort to maximize the <br /> amount of funds released by the court for reclamation purposes. In addition, until the <br /> forfeited bond is actually collected or supplemental funds are obtained through legal <br /> action, the reclamation schedule you requested cannot be developed. <br />