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<br />- 2 - December 12, 1988
<br />7. On January 6, 1988, the bankruptcy case was dismissed.
<br />8. On January 27, 1988, NOV's C-88-004, C-88-005 and C-88-006 were issued to
<br />La Plata Coal Corporation, by the Division.
<br />9. On February 12, 1988, the District Court appointed a receiver for the
<br />mine and issued an "Order Establishing Partnership Issues".
<br />10. On February 19, 1988, the Division received notification of temporary
<br />cessation from Bill Latch, the court appointed receiver.
<br />11. On February 29, 1988, a Board Order requesting the Attorney General to
<br />commence civil action to collect $13,750.00 in outstanding civil
<br />penalties for CO's C-87-023 and C-87-030 was issued via certified mail to
<br />La Plata Coal Corp. The mailing was signed for by C. Carpio on
<br />March 18, 1988.
<br />12. On April 5, 1988, Order to Pay Fixed Penalty Notices for tJOV's C-88-004,
<br />005, and 006 were issued to La Plata Coal Corporation. The notices were
<br />sent certified mail and were returned unclaimed on April 28, 1988.
<br />13. On May 3, 1988, the court discharged the receiver and appointed the
<br />investing partners as liquidating partners for the sole purpose of
<br />winding up the affairs of the partnership.
<br />14. On July 27, 1988, NOV's C-88-035 and C-88-036 were issued to La Plata
<br />Coal Corporation, by the Division.
<br />15. On October 6, 1988, a judicial sale was held at the La Plata County
<br />Courthouse. The mine, including all inventory, equipment, fixtures,
<br />leases, mineral interests, real properties, permits, licenses, maps,
<br />logs, records and personal property associated with operation and
<br />maintenance of the mine was exposed to sale at public auction.
<br />Most of the equipment and structures at the mine were sold, but the real
<br />property, leases, mineral interests and permits were not sold.
<br />16. On Fovember 1, 1988, Failure to Abate Cessation Order C-88-046 was issued
<br />for failure to abate NOV C-86-035. The CO was re-issued December 5,
<br />1988, due to an address error on the original certified mailing.
<br />17. On 1•lovember 10, 1988, the Attorney General determined the investing
<br />partners to be liable, as well as La Plata Coal Corp., for payment of the
<br />$13,750.00 civil penalty associated with CO-C-87-023 and CO-C-87-030.
<br />The A.G. further found that the investing partners were not liable for
<br />events or violations that occurred after July 20, 1987. Because the
<br />permit was issued after July 20, 1987, the investing partners are not
<br />responsible for reclamation of the site.
<br />18. On November 22, 1988, the investing partners paid the $13,750.00 civil
<br />penalty owed for the cessation orders issued prior to July 20, 1967.
<br />Penalties incurred by La Plata Coal Corporation as a result of violations
<br />issued subsequent to July 20, 1987, have not been paid.
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