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~ ~ <br />9. On December 15, 1992, the Division issued a Notice of Violation and Cease and Desist <br />Order and Clean Up Order ("NOV") to Trinidad Basin for discharging pollutants to state waters <br />without a permit. A copy of the NOV is attached hereto as Exhibit A and is incorporated herein <br />by reference. <br />10. On January 4, 1993, the Division received a letter from Trinidad Basin in response <br />to the NOV. In the letter, Trinidad Basin denied responsibility for the discharges and informed <br />the Division of its intention to abandon the site. <br />11. Pursuant to section 25-8-603, C.R.S., the recipient of a NOV may request the <br />Division to conduct a hearing to determine the validity of the Notice of Violation. Such request <br />must be filed in writing with the Division no later than 30 days after the issuance of the Notice <br />of Violation. Absent such a request, the validity of the factual allegations and the Notice of <br />Violation shall be deemed established in subsequent proceeding. Trinidad Basin filed no such <br />request. <br />12. On March 18, 1993, the Division sent a letter to Trinidad Basin suggesting a meeting <br />to discuss the NOV and to initiate discussion relative to the Division's position on civil penalties <br />in this matter. The letter requested a response within 10 days of receipt. The Division received <br />no response to this letter. <br />13. On May 3, 1993, the Division sent a certified letter to Trinidad Basin informing <br />Trinidad Basin of the Division's intention of seeking civil penalties in connection with the <br />violations cited in the NOV. The letter gave Trinidad Basin 10 days to respond before a petition <br />for civil penalty would be filed. To date the Division has received no response to this letter. <br />14. On February 12, 1996, the Division sent a certified letter to Trinidad Basin informing <br />Trinidad Basin of the Division's intention of seeking civil penalties in connection with the <br />violations cited in the NOV. The letter gave Trinidad Basin 10 days to respond before a petition <br />for civil penalty would be filed. To date the Division has received no response to this letter. <br />15. Having considered this matter, the Division has determined that given the nature of <br />the violation, the amount of penalty assessed, the intention of Trinidad Basin to abandon the mine, <br />and the resources already invested in this matter, further effort for settlement of the NOV with <br />Trinidad Basin, including accepting a penalty of any amount less than that originally assessed <br />would be inappropriate. The Division is therefore proceeding with this petition without the benefit <br />of a settlement agreement. <br />16. A Public Notice of the intended civil penalty in this matter was published in The <br />Denver Post on April 5, 1996. The Division permitted public cotmnent submittal until May 6, <br />1996. <br />3 <br />