2013-05-15_ENFORCEMENT - C1981033 ‎(2)‎

• Permit No: C1981033
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 5/15/2013
• Doc Name: Presentation Form to Mined Land Reclamation Board
• From: DRMS
• To: MLRB
• Email Name: SLB
• Email Name: SB1
• Media Type: D
• Archive: No

Coal Expired Permit No. C- 1981 -033
Presentation Form
GENERAL INFORMATION
Statute: 34 -33 -101 et. seq. Colorado Surface Coal Mining Reclamation Act
Rules: Regulations of the Colorado Mined Land Reclamation Board for Coal Mining 2CCR 407 -2
Permit Type: Coal
File No.:
C- 1981 -033
Permitted Acres:
1,108.4
Permittee:
Bear Coal Company Inc.
Disturbed Acres:
9.0
Operator:
Bear Coal Company Inc.
County:
Gunnison
Existing Bond:
$160,000.00
Adequate ?:
Yes
Method of Mining:
Underground
Specialist:
Sandy Brown
RECOMMENDATION FOR PERMIT REVOCATION AND BOND FORFEITURE
This hearing is for consideration of a permit revocation and bond forfeiture. The Division of
Reclamation, Mining and Safety ( "Division ") is recommending that the Mined Land Reclamation Board
( "Board ") revoke the now - expired Permit Number C -1981 -033 ( "Permit ") issued to Bear Coal
Company, Inc. ( "Bear "), for its Bear Coal Mine No. 3 ( "Mine ") and forfeit the performance bond for the
Permit based upon Bear's violations. Bear did not renew its Permit as required by the Colorado Surface
Coal Mining Reclamation Act, C.R.S. §§ 34 -33 -101, et seq. ( "Act "), and the Regulations of the
Colorado Mined Land Reclamation Board for Coal Mining, 2 CCR 407 -5 ( "Rules "). Further, Bear
failed to complete reclamation of the Mine as required by the Act, the Rules, and its Permit. The
Division took enforcement actions against Bear for its failure to comply with the Act and Rules,
including issuing Notice of Violation CV- 2012 -009, Cessation Order CO- 2013 -001, and an Order to
Show Cause Why the Permit Should Not be Suspended or Revoked, and imposing civil penalties. Bear
has not requested review or otherwise appealed the Division's enforcement actions. Pursuant to 34 -33-
123(7) and Rule 5.03.3(b) and 5.04.6(4), revocation of the Permit is proper because a pattern of
violations exists, which violations remain unabated, and the violations are unwarranted and willfully
caused. Further, pursuant to Rule 3.04.1, forfeiture of the two performance bonds totaling $160,000 in
two Certificates of Deposit held by the Division is proper because Bear failed to complete reclamation
and someone other than Bear must complete the reclamation.
STAFF RECOMMENDATIONS
Based on the foregoing, the Division recommends that the Board issue a written decision, with
findings of fact, that:
• Revokes now - expired Permit No. C- 1981 -033 issued to Bear Coal Company, Inc., for the Bear
Coal Mine No. 3; and
• Forfeits the $160,000 performance bond for the Permit No. C -1981 -033 held by the Division.
Act and Regulation Cited:
Act Section: 34- 33- 123(7) and 34 -33- 124(4)
Regulation Section: 3.04.1(1)(b), 5.03.3(3)(b) and 5.03.3(4)