ENFORCE35602

• Permit No: C1989074
• IBM Index Class Name: Enforcement
• Doc Date: 7/27/1995
• Doc Name: MEMO REQUEST FOR LEGAL ASSISTANCE NOV C-95-015 RIMROCK COAL CO
• From: DMG
• To: MIKE LONG
• Violation No.: CV1995015
• Media Type: D
• Archive: No

III IIIIIIIIIIIIIIII
999
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources ~~~~~
1 317 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
DEPARTMENT OF
NATURAL
MEMO RESOURCES
Rny Romer
Governor
TO: Mike Lone
lames 5. Lochhead
Executive Dneaor
FROM: Sandy Brow Michael B Long
Division Direcbr
DATE: July 27, 1995
RE: Request for Legal Assistance
NOV C-95-015
Rimrock Coal Company
NOV C-95-015 was issued to Rimrock Coal Company for "Failure to provide current
relevam information to the Division regarding ownership and control of the surface mining
operations (failed to inform the Division that Rimrock Coal Company, the permittee, was
dissolved on December 2, 1994). Failure to obtain written approval from the Division prior
to the transfer, assignment or sale of the rights granted under Permit No. C-89-074". Janet
Binns issued the NOV on May 22, 1995.
OSM notified tfie DMG oe May 15, 1995 that according to the Secretary of State's records
Rimrock Coal Company had been dissolved, effective December 2, 1994. Ms. Binns
confvroed this with the Secretary of State's office and also with Geoffery Waters, son-in-law
of Gloria Davis, the owner of the mine. The NOV was thee issued as stated above.
An assessroem conference was held on July i9, 1995. Janet Binns and Dan Hernandez
represented the DMG, Geoffery Waters represented the permittee, Ri~cek Coal Company
and Mark Kerr represented the operator of the mine, Landmark Reclamatioe.
The Division felt that since the corporation had been dissolved, there was no loeger a
permittee. Because, the Division was not eotified there was essentially no permit for
approximately six months.
Mr. Waters explained that in fact the corporation had been dissolved last December, however
Gloria Davis was still the sole proprietor of the refine. 1'he permit has not transferred. Bill
Davis, the original owner and permittee, passed away. Through his estate, the mine went to
his wife, Gloria Davis. She became the sole proprietor as dceumented in the Affidavit of
Lucy Gloria Davis. In October, 1992 Rimrcek Coal Company filed for incorporation. For
business purposes it was necessary to iecorporate while coal was beieg extracxed. Gloria
Davis maimained ownership of the mine using Landmazk Reclamation as the operator.