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Rac ~nnd <br />The O.C. Mine No. 2 is an underground coal mine located approximately 16 miles north of <br />Gunnison, Colorado. It is on a southwest facing hillslope at an elevation of approximately 9,200 <br />feet within the Ohio Creek drainage basin. It is neaz the West Elk Mountains and receives most its <br />20 inches of annual precipitation as snowfall. The O.C. Mine No. 2 was opened in 1943 and <br />operated until 1962 when it voluntarily closed. Henry Weaver reopened the mine in July 1968 <br />and operated the mine until October 1978, at which time Macaz Mining Corporation sub-leased <br />the mine property. Macaz operated the mine under the sub-lease agreement until July 15, 1981. <br />The Weavers again took over the operation at that time and were issued Permit No. 79-38 under <br />the interim program on October 25, 1979 by the Colorado Mined Land Reclamation Boazd (the <br />Board). An approved permanent program permit, No. C-1980-002, was issued on January 18, <br />1982. In or around late 1989, Robert and Elizabeth Weaver took over operation of the mine <br />when Henry Weaver passed away. Robert and Elizabeth Weaver continued the operations of the <br />O.C. Mine No. 2 until they were forced to cease operations during 1992 due to unfavorable mine <br />roof conditions. It was necessary for Mr. Weaver to take a full time job away from the mine <br />because the mine was no longer producing any income. Mr. Weaver continued to maintain the <br />site and work towards fmal reclamation during weekends. <br />In 1992, the Division of Minerals and Geology (the Division) and Board worked with Mr. <br />Weaver to allow him to reduce the bond liability without enforcement action. During 1992, <br />the Division estimated the bond liability to be about $60,700.00. The bond held by the <br />Division was $36,000,00. The Division and the Boazd understood that Mr. Weaver was <br />utilizing all available means to meet his obligations under the Colorado Surface Coal Mining <br />Reclamation Act. Mr. Weaver had reduced the estimated liability to about $27,400.00, by <br />removing structures and scrap items. The O.C. Mine No. 2 mining operation had disturbed 3.2 <br />surface acres. The surface facilities for the operation consisted of a tipple, shop, office, and <br />explosives storage azea. There were two roads at the mine site. One lead to the portal bench <br />area and the other served the tipple area. <br />On 18 December 1995 the Division issued Notice of Violation CV-1995-025 for failing to <br />complete reclamation by 1 November 1995. On 21 February 1946 the Boazd revoked permit <br />C-1980-002 and forfeited the $36,000.00 bond for failure to abate violation CV-1995-025. <br />The Boazd bid out the reclamation work for the OC # 2 mine in June 1996. The project was <br />completed October 22, 1996 at a cost of $19,104.50. <br />Pursuant to Rule 5.02.2(8)(a)(i), the Ohio Creek No. 2 Mine meets the definition of an abandoned <br />site based on Rules 1.04(1}(d)(i) and 1.04(1)(d)(ii). The permit for the site has been revoked and <br />the performance bond has been forfeited (29 May 1996). <br />One sediment pond remains at the site and the current landowner has expressed an interest in <br />having it retained as a stock-pond. The inslope of the pond is incised into the hillside. There aze <br />