Laserfiche WebLink
practicable. For example, Mid-Continent may litigate the <br /> question of whether contemporaneous reclamation as prescribed by <br /> an NOV abatement is "practicable" in light of the bankruptcy. <br /> Successful litigation along these lines could substantially <br /> inhibit or delay the Divsion' s ability to enforce the existing, <br /> final Order. <br /> Although DMG now has a statutory basis to do so, DMG has not <br /> brought an action to forfeit the bond and foreclose on the real <br /> property. It is not in the best interest of the State or the <br /> Department of Interior, a co-signature of the bond, to take <br /> direct possession of the real property held as reclamation <br /> collateral. Rather, the collateral should be converted to cash <br /> prior to forfeiture. Upon resolution of the bankruptcy <br /> proceedings, which is imminent, the Division will pursue <br /> conversion and forfeiture of the bond, as well as alternative <br /> enforcement procedures to the extent necessary in order to obtain <br /> any deficient reclamation monies. <br /> Future actions which may be pursued by the State depend upon the <br /> Board' s 1992 finding that the operator did not comply with the <br /> 1991 Board Order. Should the Office of Surface Mining insist <br /> that the State issue a violation subsequent to the permit <br /> revocation, and should that violation be subject to a review <br /> which causes the Order to be modified, future actions to obtain <br /> additional reclamation funding due to non-compliance with the <br /> original Board Order may be jeopardized. Therefore, the Division <br /> believes that this issue must be viewed as being previously <br /> adjudicated and decided by the Board, which decision resulted in <br /> permit revocation. <br /> Because the State of Colorado has already adjudicated the <br /> contemporaneous reclamation matter, and revoked the permit as a <br /> result of the failure to comply, the AFO should recognize this <br /> matter as previously decided. Therefore, the State requests that <br /> issues three and four be withdrawn from the Ten-Day Notice. <br /> Should the AFO decline to withdraw issues three and four, <br /> Colorado asserts that reclamation is proceeding as <br /> contemporaneously as practicable. The Ten-Day Notice cites <br /> Colorado Rule 4 .13, which requires that reclamation efforts be <br /> accomplished as contemporaneously as practicable with mining <br /> operations. Practicable, in the regulatory sense, means as <br /> quickly as possible. A standard of reasonableness must be <br /> applied when determining what period of time is contemplated when <br /> determining what reclamation as contemporaneously as practicable <br /> means. For instance, it is not reasonable to assume that <br /> reclamation operations can be conducted during the winter months <br /> at a site if it is covered by 200 or more inches of snow. That <br /> is, certain extreme conditions may require that mine site <br /> activities be temporarily delayed. Similarly, the Chapter 11 <br /> filing by the permittee has certainly slowed reclamation <br />