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,! • <br />• DMG's Findings <br />The DMG finds that: <br />1) TPI has reclaimed the mine site and cooperated with the DMG <br />to the best of its ability to date. <br />2) The Twin Pines No. 2 Mine appears to have remained stable to <br />date. <br />3) Assessment of a stringent civil penalty for the Notices of <br />Violation and Cessation Order would not result in further <br />reclamation being done by the operator. <br />4) From this date forward, maintenance at the site will include <br />maintenance of ditches and ponds, repair of rills and gullies, <br />sediment pond removal, and revegetation. The Division has <br />determined that the remaining bond is sufficient to cover the <br />costs of these tasks. <br />• DMG's Recommendations <br />The Division recommends that: <br />1) The permit for the Twin Pines No. 2 Mine be revoked in <br />accordance with Rule 5.03.3(5) of the Coal Regulations which <br />requires that, "whenever a• permittee fails to abate a violation <br />contained in a notice of violation or cessation order within the <br />abatement periods set in the notice or order or as subsequently <br />extended, the Administrator shall... issue an order to show <br />cause why the permit should not be revoked..." <br />2) The remaining bond held by the DMG for the reclamation of <br />the Twin Pines No. 2 mine be forfeited in accordance with Rule <br />3.04.1(1) of the Coal Regulations which states that, "the Board <br />shall declare all or an appropriate part of a performance bond <br />for any permit as forfeited if the Board determines that... the <br />permit has been suspended or revoked, and neither the <br />permittee nor the surety has assumed liability for completion of <br />the reclamation work..:' <br />The permittee has asked that the bond be forfeited. No surety <br />is involved, as the bond is in the form of a CD. The bond is <br />adequate to ensure site reclamation, and the site is stable with <br />no imminent harm situation existing. Bond forfeiture is <br />requested so that the DMG may assume responsibility for <br />