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April 7, 1994 <br /> Memorandum <br /> To: Larry Grasch, Chief <br /> AVSO Lexington <br /> From: Robert H. Hagen, Director <br /> Albuquerque Field Office <br /> Subject: Pitkin Iron <br /> On June 16, 1993, the Albuquerque Field Office (AFO) inspected the Mid- <br /> Continent Resources' (MCR) Coal Basin Mine. (See attached report.) The permit <br /> is revoked and the bond is forfeited; however, no monies have been collected <br /> because the bond is a real estate collateral bond and the property has not been <br /> sold. Mid-Continent Resources filed Chapter 11 bankruptcy in 1992. <br /> A sister company, Pitkin Iron, whose ownership and control nearly parallels MuRs, <br /> was at the site performing reclamation. It is not named as a controlling entity in <br /> the permit or in the AVS database. AFO wrote a ten-day notice (TDN) alleging <br /> that the ownership and control information was incomplete. Subsequently, the <br /> State wrote a violation, but their Assessment Conference Officer recommended <br /> that the violation be vacated; her report is attached. The State has not acted on <br /> the violation and Pitkin Iron has not been put on the system. <br /> Pitkin Iron fits the definition of a controller under both the State and the Federal <br /> regulations, since it is the entity that is controlling all reclamation (surface mining <br /> activity) at the site. The assumption of the Assessment Conference Officer that an <br /> application needs to be pending in order to apply ownership and control regulations <br /> is incorrect. The State wrote the violation appropriately to revise the original <br /> Mining and Reclamation Plan (MRP) to reflect the change in control of daily <br /> operations at the minesite. The MRP remains valid regardless of whether the <br /> permit or right to mine is revoked. <br /> Additionally, the person who has the authority to make site decisions is Dianne <br /> Delaney, who was also the person with the authority to make site decisions after <br />