ENFORCE32301

• Permit No: C1980002
• IBM Index Class Name: Enforcement
• Doc Date: 1/16/1996
• Doc Name: PERMIT REVOCATION BOND FORFEITURE CIVIL PENALTY CONSIDERATION FORMAL PUBLIC HEARINGS O C MINE 2
• From: DMG
• To: MLRB
• Violation No.: CO1995028
• Media Type: D
• Archive: No

~•E III IIIIIIIIIIIII III
' ~ ~ 993
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmern of Natural Resources
1 l l 3 Sherman Sr., Room 215
Denver, Colorado 80207
Phone: [phone]
FAX [phone]
Date: January 16, 1996
To: Mined Land Reclamation Board
From: David Berry
Re: Permit Revocation -Bond Forfeiture -Civil Penalty Consideration
Formal Public Hearing(s)
O.C. Mine No. 2 (Permit No. C-80-002)
~~
~~~~~
DEPAfiTMEfJT Of
NATURAL
RESOURCE
Roy Rome.
Gnvemui
lame. $ LrKhheul
E aea~h.~e D6enm
eechacltl Lung
Dwiuon Duerio~
During the January 24-25, 1996 Mined Land Reclamation Board (Board) hearing, the Board will
be asked to revoke the O.C. Mine No. 2 permit, forfeit the $36,000.00 bond, and consider
gianting relief from the civil penalties associated with the enfon;zment actions leading to permit
revocation and bond forfeiture. The O. C. Mine No. 2 is an underground coal mine.
Back uad
Robert and iiti~alx~rh Weaver are the permittees and operators of Ure O. C. Mine No. 2 in
Gunnison County. The total mine permit area is 200 acres, with approximately four acres of
actual disturbed area. This project was a family operation which was forced to cease operations
during 1992 due to unfavorable mine roof conditions. It was necessary for Mr. Weaver to take a
full time job away from the mine because the mine was no longer producing any income.
Mr. Weaver continued to maintain the site and work towards fmal reclamation during weekends.
Since 1992, the Division of Minerals and Geology (Division) and Board have been working with
Mr. Weaver to allow him to reduce the bond liability without enforcement action. During 1992,
[he Division estimated the bond liability to be about $60,700.00. The bond held by the Division
was only $36,000.00. The Division and the Board understood that Mr. Weaver was utilizing all
available means to meet his obligations under the Colorado Surface Coal Mining Reclamation Act.
Mr. Weaver has reduced the estimated liability to about $27,400.00, by removing structures and
scrap items. The site is stable at this time, with no imminent environmental hazards. The portals
are sealed, and the sediment control system is intact.
Farly in 1995, a deadline of November 1, 1995 was set for final reclamation. The deadline was
specified in the permit. This was done [o expedite a final resolution, and because the landowner
was also interested in final reclamation as soon as possible.