1994-04-25_ENFORCEMENT - C1981017

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Date: 4/25/1994
• Doc Name: Bid Documents ‎(IMP)‎ CV-93-130
• Violation No.: C-93-130
• Media Type: D
• Archive: No

report to the Division of its capability to proceed with
final reclamation of the property. Reclamation was to
commence in May, 1992 with all portal areas completed by
October, 1992.
May, 1992 - The Board extended the date for reclamation
commencement until August 3, 1992 because of a potential
sale of the Coal Basin Mines to Geneva Steel.
July, 1992 - Geneva Steel withdrew its offer to buy.
July/August, 1992 - MCR commenced reclamation.
August 26, 1992 - Board revoked the permit, C-81-017 and
ordered MCR to perform reclamation as specified in the
Settlement Agreement.
June, 1993 - OSM oversight inspection. Subsequently, OSM
issued a TDN for this violation.
July 23, 1993 - NOV C-93-109 issued.
September 23, 1993 - Board Ordered Bond Forfeiture.
MCR representatives contested the fact of the violation for
several reasons. First they explained that Geneva Steel had
serious intentions to purchase the mine. They made a strong
financial commitment to the mine in January, 1992. They were
paying to keep the pumps and fans in the mine operating. On July
17, 1992 Geneva Steel decided against the purchase and
discontinued all financial involvement with mine operations.
Immediately thereafter MCR began reclamation. They began
securing MSHA approval for sealing the portals and arranging for
structural demolition. Some structures were removed.
Second, MCR filed for bankruptcy in February, 1992. As a result,
their ability to conduct reclamation was impeded. Because of the
lack of funds all phases of reclamation have been delayed. The
mine fans and pumps were shut down in late 1992 delaying the MSHA
approval for sealing the portals. Structural removal is confined
by the contractor's terms. All money spent must be approved by
the bankruptcy court. This creates an additional step and takes
more time. MCR representatives felt the August, 1992 Board Order
and associated reclamation schedule should have considered the
bankruptcy. MCR argued that since the Board granted the delay
for commencement of reclamation until August 3, 1992, the
remainder of the schedule should have been adjusted accordingly.
It was impossible to expect the portals to be reclaimed by
October, 1992 given their elevation regardless of whether or not
MCR had filed for.
Lastly, and most important, MCR does believe contemporaneous
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