ENFORCE23385 - Laserfiche WebLink

Home Browse Search

~II ~I~II~~I~~~~~II~ 999 STATE OF COLORADO Roy Romer, Gove DEPARTMENT OFNATURAL RESOURCES MINED LAND RECLAMATION DIVISION FRED R. BANTA, Director September 8, 1988 Mr. Vance Mi 11 s Trinidad Basin Mining Company Route 1, Box 300 Barbourville, KY 40906 Re: Trinidad Basin Mine (Permit No. C-81-048) Disturbance of Reclaimed Area by Surface Owner Dear Mr. Mills: It has come to The Divisions attention recently that more road construction has occurred on the area at Trinidad Basin Mine where reclamation was done. As you probably know, either through your own sources or by a letter from Jim Stevens of The Colorado Mined Land Reclamation Division, Charles Baldwin of Colorado Springs has purchased surface rights to a substantial part of what was Trinidad Basin tdine. His plans are apparently to subdivide and resell 35 acre tracts at the site. To accommodate this plan he has constructed access roads across areas previously reclaimed and presently maintained by your company. As Mr. Stevens mentioned in his letter under rule 3.02.3(2)(b) of the Regulations for the Colorado Mined Land Reclamation Board for Coal Mining, the minimum responsibility for successful revegetation of an area reclaimed under a performance bond is ten years from last year of augmented seeding, fertilizing or other work. Therefore it is possible that your companys bonded liability could be extended until 1998 or beyond and if the area remains unreclaimed past this year. The Division recognizes that it is not your company or your representative causing the redisturbance in the area. However, we have no authority over Mr. Baldwin to stop this activity from occurring on the property. It would be in your best interest to contact td r. Baldwin and seek some kind of accommodation since you are ultimately responsible for the reclamation. The sooner you contact The Division and Mr. Baldwin and resolve this issue the better off all parties concerned will be. As I stated before, the Division recognizes that the disturbance was not caused by you. However, our rules do not allow for disturbance in the mined area without written approval. Since you have failed to reply to our earlier attempts to contact you and resolve this issue, we feel it may be necessary to bring this matter before the Board and request Bond forfeiture. This will allow us to intercede and work with Baldwin directly to resolve the aforementioned issue. 215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567