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_~ <br />~ ~ III IIIIIIiilllll III <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resowces <br />1313 Sherman $t., Room 21 5 ` <br /> <br />Denver, Colorado 80203 ~ <br />~~~ <br /> <br />Phone: 1303) 866-7567 I <br />FAX: 1303) 83b8106 <br /> DEPARTMENT OF <br />Mr. Geoffrey Waters NATURAL <br />Rimrock Coa] Company RESOURCES <br />1063 Quince Avenue Roy Romer <br />Boulder, Colorado 80304 `iOVe'"°' <br /> lames 5. Lochhead <br /> Eyecmrve Director <br />Re: Permlttee for the Rimroek Mine, CDMG Permit No. C-89-074 Michael B. Long <br />Notice of Violation No. C-95-015 °ivfion °1feCOf <br />Dear Mr. Waters: <br />As a result of investigation into the dissolution of the Rimrock Coal Company, the Division <br />has determined that the Rimrock Mine permit is out of compliance with the Colorado <br />Surface Coal Mining and Reclamation Act and Regulations. As a result the Division issued <br />a Notice of Violation to Rimrock Coal Company on May 22, 1995. This Notice was sent <br />via certified mail to the address listed in the permit as Rimrock Coal Company's legal <br />address. Mr. Lenhart's office failed to forward this Notice on to an appropriate <br />representative of the former Rimrock Coal Company. The Notice of Violation was returned <br />to the Division and is now being sent to you as the only known address representing the <br />Rimrock Coal Company. <br />The Colorado Regulations state in Section 2.08.6(1) that; <br />No transfer, assignment, or sale of the rights granted under any permit issued <br />pursuant to the Act shall be made without the prior written approval of the Division <br />pursuant to 2.08.6(4). <br />Confirmation with the Colorado Secretary of State's Office confirms that the articles of <br />dissolution were filed on July 25, 1994, with the effective date on December 2, 1994. The <br />Division was not notified of this occurrence by Rimrock Coal Company. In our telephone <br />conversation on May 18, 1995 you stated that you were under the impression that all the <br />legal transfers had taken place and that Landmark Reclamation was now the permittee. <br />Rimrock Coal Company had not filed a Request for Transfer of Coal Permit, nor has the <br />Division issued a written findings to allow for transfer of the permit rights. Landmark <br />Reclamation is the operator but is not the permittee. <br />It is my understanding that Mr. Mark Kerr has been in contact with you to obtain transfer <br />of the permit. Mr. Kerr submitted an application for transfer of the permit but, your <br />signature, as representative of Rimrock Coal Company, was not an original with an original <br />notary seal. In order for this application to be valid we must have an original signature. <br />