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<br />- 3 - December 12, 1988 <br />Findings of Abandonment <br />Pursuant to 30 CFR Part 840, as amended June 30, 1988, the Division makes the <br />following findings of abandonment for the La Plata No. 1 Mine. <br />All surface and underground coal mining and reclamation activities at the <br />La Plata No. 1 14ine have ceased. The operation has been in temporary <br />cessation status since February, 1988. Mining equipment, machinery and <br />facilities were sold at public auction on October 6, 1988. <br />2. NOV C-88-035 issued July 27, 1988 has progressed to a failure to abate <br />cessation order (ETA-CO-C-88-046), which was issued via certified mail <br />November 1, 1988. Tne mailing was originally addressed to an incorrect <br />P.O. Box, and the CO was re-issued December 5, 1988, <br />3. The Division has caused Joe Carpio and other officers of the La Plata <br />Coal Corporation to be listed on the Automated Violator System as a <br />result of outstanding civil penalties and the unabated violation, to <br />ensure that they will be precluded from receiving future permits. <br />4. Permit revocation proceedings have been initiated and are being <br />diligently pursued. On 1988, the pivision found a pattern <br />of violations to exist at tie~RLa Tata No. 1 Mine and a public hearing to <br />show cause as to why the permit should not be revoked has been scheduled <br />for February, 1988. <br />5. Given previous unsuccessful attempts to collect civil penalties <br />associated with July, 1987 cessation orders and January, 1988 notices of <br />violation, and given the fact that the present whereabouts of Joe Carpio <br />and other offices of La Plata Coal Corporation is unknown, the Division <br />concludes that further enforcement at the site would not be productive. <br />6. Bond forfeiture is being initiated and pursued concurrently with permit <br />revocation proceedings. <br />7. The Division will continue to inspect the site on a quarterly basis, to <br />ensure that no significant environmental problems or safety hazards <br />develop. <br />cc: Mike Savage <br />DM/ljt <br />1931E <br />