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iii iuniiiuiu iii <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7313 Sherman St., Room 215 <br />Denver, CO 80203 <br />303 866 3567 <br />FA X: 303 632-8106 <br />F --- <br />STATE OF COLORADO <br />OF ~~(p <br />tiF' - 'py <br />N~;'~'~ <br />~ ~ e <br />~ y976 s <br />Roy Romer, <br />Gaverrwr <br />Fred R. Banta, <br />Division Drtector <br />DATE: January 27, 1992 <br />T0: Steve Renner <br />FROM: Tony Waldron '~ W <br />RE: Trinidad Basin Mine (C-81-048), Notice of Violation No. C-91-008 <br />I am writing this memo to inform you of the status of the Notice of Violation <br />issued to TBM on July 26, 1991. The NOV was issued for failure to pass <br />disturbed area drainage through sedimentation ponds and failure to maintain <br />culverts and diversions. The violation was abated by September 10, 1991 and <br />subsequently terminated on September 13, 1991. A Notice of Proposed Penalty <br />was sent to the operator on August 26, 1991 but was not received or accepted <br />by the operator and was remailed on October 3, 1991. A return receipt was <br />received by MLRD on this mailing. The operator did not request an assessment <br />conference within the allotted ten days, so a Notice and Order to Pay the <br />final penalty of $2,000.00 was issued and sent on November 12, 1991. Upon <br />receipt of this Notice, the operator responded by requesting an assessment <br />conference. Unfortunately, at this point in the process, the only recourse <br />the operator has is to pay the fine and appear before the Board for an <br />assessment. When informed of this, the operator chose not to proceed with <br />this option. However, to my knowledge, they have not paid the fine at this <br />time. <br />If you have any questions, please see me. <br />AJW/bjw <br />cc: Dave Berry <br />0802E <br />