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;* <br />iii iiiiiiiiniiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1 } 13 Sherman SI ,Room 21 5 <br />Dem-er, Colorado 80201 <br />Phone: 17031 866-3567 <br />FAX: 130)183? tl106 <br />February 16, 1996 <br />Mr. Chris Reed <br />Twin Pines Investment, Limited Partnership <br />8065 St. Joseph Road <br />Benton, Illinois 62812 <br />A~ <br />~~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Foy Rnmcr <br />Goyemor <br />lames 5. LuchheaA <br />E.ecmioe Dvecmr <br />Michael 8. Long <br />Di~isron pireclo~ <br />Re: Possible Forfeiture -Twin Pines No. 2 Mine and Loadouf -Permit No. C-83-058 <br />Dear Mr. Reed: <br />This letter is written to advise you of possible consequences associated with revocation of Permit <br />No. C-83-058, and subsequent forfeiture of the associated bond. We understand that you have <br />indicated a desire to communicate openly with us in this matter, and your cooperation in <br />reclaiming and maintaining the mine site and loadout to date has been very much appreciated. <br />In the even[ that mine compliance does no[ continue, a Notice of Violation would be issued. <br />Events which could lead to this action might be such issues as failure to conduct site maintenance, <br />failure to maintain insurance, failure to conduct water monitoring, or perhaps direct notice from <br />you indicating that Twin Pines Investment, Limited Partnership, cannot or will not continue to <br />maintain the site and/or conduct required monitoring activities. The Notice of Violation would <br />specify abatement steps and dates. If the abatement measures were not met, then a "Failure to <br />Abate" Cessation Order would be issued. Both the Notice of Violation (NOV) and the Cessation <br />Order (CO) would involve civil penalties. Typical NOV penalties can range from a few hundred <br />to a few thousand dollars. CO civil penalties are a minimum of $750 per day, for a maximum of <br />30 days. Penalty assessments can be appealed to the Mined Land Reclamation Board (Board), but <br />the outcome of such appeals cannot be predicted. <br />Once a Cessation Order goes unabated, an "Order to Show Cause Why a Permit Should Not Be <br />Revoked" would be issued to the petmittee. If uncontested, the Board would revoke the permit <br />and forfeit the bond. We would then take control of the remaining bond monies, to complete any <br />required reclamation or maintenance. <br />Please be advised that if revocation and forfeiture occurs, all owners and controllers of the <br />company must be entered into the "Applicant Violator System," which would effectively preclude <br />any of the individuals from operating a coal mine in the United States again. Additionally, it is <br />possible that civil penalties could be issued against individuals, and it is possible that the same <br />individuals could be legally pursued to obtain additional reclamation monies if the currently held <br />bond monies were ever found to be inadequate. <br />