APPCOR12388

• Permit No: C1981015
• IBM Index Class Name: Application Correspondence
• Doc Date: 8/10/1993
• Doc Name: FRUITA AND APEX SETTLEMENT AGREEMENTS
• From: DMG
• To: OSM
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Deparlmenl of Nalu ral Resources
111 7 Sherman 51 . Roam ? 1 S
Denver, CU 8020)
Phone (7071 BGh-1567
FA%~ (5071 872-8106
August 10, 1993
Mr. Robert Hagen, Director
Office of Surface Mining
Albuquerque Field Office
505 Marquette NW Suite 1200
Albuquerque, NM 87102
RS: Fruita and Apex Settlement Agreements
Dear Mr. Hagen:
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Mic hael 8. Long
Div is~on Oveclor
The Division of Minerals and Geology has received your August 6, 1993 correspondence
regarding the Fruita and Apex Settlement Agreements. The Division is providing
copies of this correspondence to the members of the Mined Land Reclamation Board for
their consideration.
I would like to note a potential problem with the scheduling of the anticipated
Federal inspection of the Fruita Mine. Should the Board determine to terminate the
.Settlement Agreements, it will be necessary to conduct a hearing in accordance with
the Colorado Administrative Procedures Act (APA) The APA requires that the
State provide to the affected parties at least twenty days notification of a
hearing. Due to this requirement, the Board would be prohibited from taking an
action to terminate the agreements until the September 22-23, 1993 Board meeting in
order to provide appropriate notice. September 23, 1993 is day 48 after the date of
your August 6, 1993 correspondence. In order to allow the Board the opportunity to
take the requested action, the Division proposes that the Federal inspection be held
no sooner than day 49; September 24, 1993.
Your August 6, 1993 correspondence references a legal review which was obtained by
the Albuquerque Field Office (AFO). The Division requests that the AFO provide a
copy of this review so that the Board may make an informed decision after
considering all applicable information. Upon receipt of the legal review, the
Division will forward it to the Board members.
The Board is tentatively scheduled to informally consider the AFO request to
terminate the settlement agreements at the August 25-26, 1993 Board meeting.
We would certainly appreciate receiving the legal review well in advance of that
meeting in order to facilitate this discussion.
Please contact me if you have questions or comments.
Sincerely,
Steven G. Renner
Coal Program Supervisor
CC: Michael B. Long, DMG
r Mined Land Reclamation Board Members
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