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x <br /> i <br /> incorrect. <br /> Based on the fact that MCR submitted a contract between MCR and <br /> Pitkin Iron Corporation I conclude the violation should be <br /> vacated. No evidence was presented to show Pitkin Iron had a <br /> controlling interest in the surface coal mining operations. <br /> However, I would feel more comfortable knowing that even though <br /> they are seperate companies, with at least some of the same <br /> officers, this relationship does not constitute ownership and <br /> control. I attempted to contact Steve Brown of the AG's office <br /> to see if the fact that the officers for both MCR and Pitkin Iron <br /> Corporation were the same would make a difference in a <br /> contractual agreement. I have been unable to consult with him <br /> after several unsuccessful attempts and no return calls. In the <br /> assessment conference, Dean Massey assured me that it does not <br /> matter. <br /> NOV C-93-109 <br /> Notice of Violation C-93-109 was issued for "Failure to <br /> contemporaneously reclaim the Coal Basin Mine Site, including the <br /> abandoned bridge crossing located near Mine 5". The provisions <br /> allegedly violated were C.R.S. 34-33-120(2) and 34-33-121(2) , <br /> Rules 4.13 (Contemporaneous Reclamation) and 4.03.1 (7) <br /> (Reclamation of Haul Roads) , and the May 22, 1991 Board Order. <br /> The abatement required MCR to perform reclamation of the mine <br /> site in accordance with the Board ordered reclamation schedule <br /> dated May 22, 1991. Steve Renner issued the NOV To Mid-Continent <br /> Resources (MCR) for the Coal Basin Mine on July 23, 1991 from the <br /> office. An assessment conference was held on January 11, 1994. <br /> Representing the Division were Larry Routten and Tony Waldron. <br /> Diane Delaney and Dean Massey represented Mid-Continent <br /> Resources. <br /> All parties at the conference agreed that the portion of the NOV <br /> referring to the abandoned bridge crossing located near Mine 5 <br /> should be deleted from the NOV. MCR claims they never used the <br /> bridge as part of the mining operation. Furthermore, the State <br /> Historic Preservation Officer has determined that the structure <br /> is a contributing feature of the Coal Basin Townsite and as such <br /> is eligible for inclusion in the National Register of Historic <br /> Places. Therefore, it cannot be removed. <br /> Representatives of the Division provided a chronology of the <br /> events leading up to the issuance of the NOV. <br /> May 1991 - Show Cause Hearing. Permit revocation <br /> conditioned upon a Settlement Agreement which included, <br /> among several other items, the attached reclamation schedule <br /> for the Coal Basin Mines. Two key dates in the schedule are <br /> January 15, 1992 and May, 1992. In January, 1992 MCR was to <br /> 2 <br />