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.- ~ iii iiiiiiiiiiiu iii <br />999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Revocation of Permit ) FINDINGS OF FACT <br />No. C-87-072 and Bond Forfeiture ) CONCLUSIONS OF LAW <br />La Plata Coal Company, La Plata No. 1 Mine ) AND BOARD ORDER <br />This matter was presented in a formal public hearing, after proper notice <br />before the Colorado Mined Land Reclamation Board ("Board") on March 23, 1989 <br />and April 26, 1989 in Room 220 of the Centennial Building, 1313 Sherman <br />Street, Denver Colorado. The Board conducted the hearing to consider <br />revocation of Permit C-87-072 and forfeiture of the bond. <br />The hearing was held in accordance with C.R.S. 34-33-124(4) and 2 CCR 407-2, <br />Rule 5.03.5. A taped transcript was made of the hearing. Pursuant to the <br />authority vested in the Board by C.R.S. 34-33-124(4) and 2 CCR 407-2, <br />Rule 5.03.5, the Board hereby makes the following Findings of Fact, <br />Conclusions of Law and Board Order. <br />FINDINGS OF FACT <br />1. On January 27, 1989, the Director of the Colorado Mined Land <br />Reclamation Division ("Division") determined that there was a <br />pattern of violations at the La Plata No. 1 Mine, and issued an <br />Order to Show Cause Why the Permit Should Not be Suspended or <br />Revoked. <br />2. The Show Cause Order was based on the fact that five Notices of <br />Violation and one Cessation Order were issued by the Division to <br />La Plata Coal Corporation between January 27, 1988 and <br />July 26, 1988. <br />3. The mine has been abandoned by the permittee. Correspondence <br />addressed to La Plata Coal Corporation has been returned unclaimed <br />since April, 1988. The site is not presently being maintained in <br />compliance with the permit and regulations. One Cessation Order <br />(CO C-88-046) remains unabated and 533,800.00 in civil penalties <br />assessed by the Division have not been paid. <br />4. At the March 23, 1989 Board Meeting, Mr. Jim Irwin of TCMI, Inc. <br />addressed the Board. Mr. Irwin expressed his company's interest in <br />permitting and operating the La Plata No. 1 Mine. Mr. Irwin <br />requested that his company be granted sufficient time to develop <br />and submit a permit application to the Division, prior to <br />forfeiture of the bond. <br />