2007-08-23_ENFORCEMENT - C1981013

• Permit No: C1981013
• IBM Index Class Name: Enforcement
• Doc Date: 8/23/2007
• Doc Name: TDN Response Letter
• From: DRMS
• To: OSM
• Violation No.: TD2007140116002TV2
• Email Name: DAB
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
August 23, 2007
COLORADO
D I V IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mr. Jim Fulton Harris D. Sherman
Office of Surface Mining Executive Director
1999 Broadway, Suite 3320 Ronald W. Catt Division Director
or
Denver, CO 80202 Natural Resource Trustee
Re: Ten Day Notice X07-140-116-002 TV 2 - Basin Resources, Inc.-Golden Eagle Mine
Division of Reclamation, Mining and Safety Permit Number C-81-013
Mr. Fulton:
This letter is written in response to the Office of Surface Mining (OSM) Ten-Day Notice
(TDN) Number X07-140-116-002 TV 2, received by the Colorado Division of
Reclamation, Mining and Safety (DRMS) on August 8, 2007. The initial TDN response
deadline was August 20, 2007, because the tenth day from receipt of the TDN was
Saturday August 18, 2007. On August 20, 2007, the DRMS requested an extension of the
TDN response deadline to August 24, 2007. The OSM granted the requested extension on
August 20, 2007. The current TDN response deadline is August 24, 2007.
The TDN indicates that as a result of "Citizen Information", OSM has reason to believe
that Basin Resources, Inc. is in violation of two listed Colorado rules. The TDN states the
nature of the alleged violations as follows:
Alleged Violation Number 1 - "The permittee does not have a valid DRMS written
approval for the Colorado Permit C-81-013". The TDN lists Colorado Rule 2.08.6 as
allegedly violated.
Alleged Violation Number 2 - "The permittee for Colorado Permit C-81-013 has
failed to provide a valid public liability insurance certificate". The TDN lists Colorado
Rule 2.03.9 as allegedly violated.
The TDN is not specific as to which aspects of the listed rules are alleged to be violated,
nor did the TDN include the "Citizen Information" that apparently forms the basis for the
TDN. Rule 2.08.6 refers to "Transfer, Assignment or Sale of Permit Rights". Rule 2.03.9
refers to"Personal Injury and Property Damage Insurance Information".
The DRMS is in receipt of separate and apparently related complaint letters dated July
19, 20, 23, and July 26, 2007. The DRMS previously responded to these letters, with a
copy to OSM, on July 26, 2007.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines