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III IIIIIIIIIIIII III <br />OUTLINE FOR TBM BOARD HEARING <br />It is the staffs understanding that the below outline is consistent with the <br />requests of the operator. <br />I. Tonics to be discussed <br />- Formal hearing request made on NOV's C-84-073 and C-84-076 <br />- As Board may recall, there are a number of issues which are <br />intertwined, which the Division and permittee would like to discuss: <br />- brief history to date <br />- reclamation in lieu of cash (settling of NOV's 073/076) <br />- load-out reclamation <br />II. History <br />- TBM was issued a permanent program permit on December 13, 1982. <br />TBM had succeeded to the operation in July of 1980. <br />- On October 4, 1984 David Shelton determined that a pattern of <br />violations existed at the TBM operation and issued a Show Cause <br />Order. <br />- On November 14, 1984 a formal hearing was held before the Board on <br />the ow ause r er. The Board upheld the finding that a pattern <br />of violations existed, suspended the mining permit, and ordered TBM <br />to "complete all outstanding reclamation activities at the Trinidad <br />Basin Mine including, but not limited to; backfilling and grading, <br />topsoiling, seeding and mulching, reclamation of sediment control <br />structures and roads, and reclamation of load-out facilities on or <br />before July 31, 1985. <br />- On July 25, 1985 TBM appeared before the Board to request that the <br />Board modify the December 28, 1984 decision, such that TBM could <br />leave the Ludlow and Trinidad rail load-outs unreclaimed for one <br />year and reinstate TBM's permit. Due to unpaid civil penalties <br />outstanding, the Board rejected both requests. <br />III. Board Action <br />- The operator is before you today to request: <br />1) That the Board accept voluntary on-the-ground reclamation in <br />lieu of cash for the civil penalties accrued for the following <br />enforcement actions: <br />