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ii. <br />Findings of Fact <br />1. On Iovember 14, 1984 the Colorado (dined Land Reclamation Board suspended <br />Permit No. C-048-81 to Trinidad Basin ~1ining, Inc. as a result of unwarranted <br />failure of the permittee to comply with the Act and Rule and Regulations. <br />2. As a result of the suspension the Board ordered: <br />Trinidad Basin Mining, Inc. to complete all outstanding reclamation activities <br />at the Trinidad Basin Mine including, but not limited to; backfilling and <br />grading topsoiling, seeding and mulching, reclamation of sediment control <br />structures and roads, and reclamation of load-out facilities, on or before <br />July 31, 1985. <br />3. On July 25, 1985 Trinidad Basin Flining appeared before the Colorado Plined <br />Land Reclamation Board to request that the Board extend the deadline for <br />reclamation of the Ludlow and Trinidad load-outs operated by Trinidad Basin <br />Mining as part of Permit No. C-048-81. <br />4. The Board reaffirmed the November 14, 1984 decision requiring reclamation <br />of the load-outs on or before July 31, 1985, refusing to extend the deadline <br />due to the unpaid civil penalties owed the Division. <br />5. On August 6, 1985 Trinidad Basin tlining was issued Notice of Violation <br />(NOV) IJo. C-85-073 for failure to complete reclamation at the Ludlow and <br />Trinidad load-outs. <br />6. On November 12, 1985 Trinidad Basin Mining was issued Cessation Order <br />No. C-85-084 for failure to abate NOV No. C-85-073, failure to reclaim the <br />Trinidad and Ludlow load-outs in accordance with the Board Order. <br />7. On November 25, 1985 the Board accepted voluntary reclamation by Trinidad <br />Basin Mining in lieu of cash for civil penalties owed the Division for <br />Enforcement Actions Nos. C-84-013, C-84-027, C-84-028, C-84-029, C-84-030, <br />C-84-071, C-84-072, C-85-005, C-85-006, C-84-167, C-84-168, C-85-073, and <br />C-85-076. <br />Board Decision and Order <br />In accordance with C.R.S. 34-33-124(1) the Board hereby: <br />1. Modifies the Board order of December 28, 1984 to require reclamation of <br />the Trinidad and Ludlow load-outs under Permit No. C-048-81 by January 1, 1987; <br />2. Vacates NOV No. C-85-073 and CO C-85-084 and <br />3. Stays enforcement actions related to reclamation of the a~ve load-outs <br />until January 1, 1987. ~ - <br />Date: <br />ai rma[v, <br />G' <br />