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

7. On December 18, 1995, the DMG issued Cessation Order (CO) No.
C-95-028 to Robert Weaver because NOV C-95-025 was not abated.
8. On December 18, 1995, the DMG received a letter dated December
14, 1995 from Robert Weaver, in which Mr. Weaver stated his
inability to continue with reclamation and maintenance of the
O.C. No. 2 Mine. Also within the December 14, 1995 letter,
Mr.Weaver requested that the bond for Permit No. C-80-002 be
forfeited.
9. On December 19,
Rule 5.03.3(5),
Permit C-80-002
Cause Order) to
5.03.4(2), the
certified mail.
1995, and pursuant to C.R.S 34-33-123(7) and
the DMG issued an "Order To Show Cause Why
Should Not Be Suspended or Revoked" (Show
Robert Weaver. In accordance with Rule
Show Cause Order was sent to Robert Weaver by
10. On December 21, 1995, and in accordance with Rule
5.03.5(3)(c), notices were sent to Robert Weaver, and other
interested parties, indicating that a Formal Hearing had been
scheduled for the January 24-25, 1996 meeting of the Mined
Land Reclamation Board to consider the Show Cause Order,
possible permit revocation, and possible bond forfeiture. The
notice sent to Robert Weaver was sent by Federal Express to
ensure delivery by December 22, 1995.
11. On January 5, 1995, and in accordance with Rules 5.03.3(1)(a)
and 5.03.5(3)(c), a newspaper notice was published in The
Gunnison Country Times, advising of the Show cause Order and
of the scheduled hearing before the Board.
12. On January 17, 1996, the DMG received a letter from Robert
Weaver, dated January 10, 1995, in which Mr. Weaver requested
that the Show Cause order, permit revocation, and bond
forfeiture be considered by the Board during the January 1996
Board meeting.
13. On January 24, 1996, and in accordance with C.R.S. 34-33-
124(4), and Rules 5.03.3(3)(a) and 5.03.5(1)(b), a Formal
Public Hearing was held before the Mined Land Reclamation
Board to consider the Show Cause Order, permit revocation and
bond forfeiture.
14. During the January 24, 1996 Board hearing, both the DMG and
Mr. Weaver addressed the Board, and both parties recommended
that Permit C-80-002 be revoked, and that the associated
$36,000 bond be forfeited.