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r On April 9, 1996, Notices of Violation (NOV) C-96-007 and C-96-008 (copies attached) were issued for failure to conduct hydrologic monitoring in accordance with the approved plan and failure to make records available for public review, respectively. NOV C-96-007 required immediate resumption of hydrologic monitoring, and NOV C-96-008 required that the operator abate the violation by making records available for public review by April 15, 1996. Prior to the last complete inspection of the mine, the Division contacted the operator to ascertain the whereabouts of the public records for the site. Mr. Chris Reed of Twin Pines Investment, L.P. indicated that public records were not available. A complete inspection of the site was conducted on April 8, 1996. As the mine has been reclaimed, no records were available on site for inspection. The Division contacted Mr. Reed by telephone on April 16, 1996 as a followup to the above mentioned enforcement actions. Mr. Reed verbally indicated that Twin Pines Investment, L.P. would be unable to abate the NOV's due to financial constraints. As a result of this conversation, Cessation Order C-96-009 was issued on April 16, 1996. On April 17, 1996, the Division received a letter (enclosed) from Mr. Reed stating that Twin Pines Investment, L.P. would be unable to comply with the terms of the Cessation Order which involved abating NOV's C-96-007 and C-96-008. As a result, the Division issued an "Order to Show Cause Why Permit Should Not be Revoked" on April 19, 1996. On April 29, 1996, the Division received a letter from Mr. Reed requesting a review of the Show Cause Order in front of the Board. Mr. Reed indicated, in his letter, that Twin Pines does not intend to contest the order, but wished to be present at the hearing to explain to the Board why Twin Pines is unable to conduct any further activities associated with the ongoing requirements of the permit. It is our recommendation that permit revocation and bond forfeiture occur, as these actions are in the best interest of all parties. Reclamation at the mine site has been nearly completed, and the remaining bond money is expected to be adequate to cover any necessary maintenance and the removal of sediment ponds. It is our opinion that Twin Pines has complied to the best of its abilities, and has used all available means to reclaim the mine site and cooperate with the Division. We will be requesting that the Board consider granting substantial relief from civil penalties in this case. Specific rule citations and bases are provided below relative to each action to be considered. Permit Revocation Rule 5.03.3(5) of the Coal Regulations requires that "whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatements periods set in the notice or order or as subsequently extended, the Administrator shall review the permittee's history of violations to determine whether a pattern of violations exists... and shall issue an order to show cause ..:'