ENFORCE33323

• Permit No: C1980002
• IBM Index Class Name: Enforcement
• Doc Date: 2/21/1996
• Doc Name: Findings of Fact for PERMIT REVOCATION BOND FORFEITURE
• Violation No.: CV0000000
• Media Type: D
• Archive: No

• • III IIIIIIIIIIIII III
999
STATE OF COLORADO
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATD'RAL RESOQRCES
IN THE MATTER OF: Robert and Elizabeth Weaver) Permit Revocation
O.C. No. 2 Mine ) and
Pernit No. C-80-002 ) Bond Forfeiture
To: Robert and Elizabeth Weaver and all other persons engaged in
or owning or controlling the following coal mine operation:
O.C. No. 2 Mine, located in Section 16, T155, R68W, 6th P.M.,
in Gunnison County, Colorado.
Findings of Fact
Pursuant_to the authority vested in the State of Colorado Mined
Land Reclamation Board (Board) by C.R.S. 34-33-124(4), and Rules
3.04, 5.01.3(2)(a), 5.03.3 and 5.03.5 of the Regulations of the
Colorado Mined Land Reclamation Board for Coal Mining, the Board
hereby makes the following findings of fact:
1. The O.C. No. 2 Mine is a small underground coal mine, located
in Gunnison County, Colorado, which was permitted and operated
by Robert and Elizabeth Weaver.
2. On May 15, 1995, a minor revision to Permit No. C-80-002 was
approved which required that the O.C. No. 2 Mine be
completely reclaimed no later than November 1, 1995.
3. On December 1, 1995, The Division of Minerals and Geology (DMG)
conducted an inspection of the O.C. No.2 Mine, and determined
that the site was not completely reclaimed.
4. On December 5, 1995, Notice of Violation (NOV) No. C-95-025 was
issued to Robert Weaver for failure to contemporaneously
reclaim the O.C. No. 2 Mine, and for failure to reclaim the
mine by November 1, 1995.
5. NOV C-95-025 specified an abatement deadline of December 11,
1995.
6. On December 15, 1995, the DMG conducted an aerial inspection
of the O.C. No. 2 Mine. The photographs became available to
and were reviewed by the DMG on December 18, 1995. The
photographs indicated that the O.C Mine was still not reclaimed
as of December 15, 1995.