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No. C-83-OS8 Should Not Be Suspended or Revoked" (Show Cause Order). <br />6) On April 19, 1996, in accordance with Rule 5.03.5(3)(c), notices were sent, to <br />TPI and other interested parties, indicating that a Formal Hearing had been <br />scheduled for the May 22-23, 1996 meeting of the Mined Land Reclamation <br />Board to consider the Show Cause Order, possible permit revocation, and <br />possible bond forfeiture. The April 19, 1996 notice also indicated that civil <br />penalty assessment might be addressed at the May 22-23, 1996 Board <br />Meeting. <br />7) On April 19, 1996, in accordance with Rules 5.03.3(1)(a) and 5.03.5(3)(c), :i <br />newspaper notice was published in the Canon Daily Record, advising of the <br />Show Cause Order and of the scheduled hearing before the Board. 7-Iris <br />newspaper publication also indicated that civil penalty assessment associated <br />with NOV's C-96-007 and C-96-008 and CO C-96-009 might also be addressed <br />at the May 22-23 Board hearing. <br />8) On April 29, 1996 the DMG received a letter from Mr. Chris Reed of TPI in <br />which Mr. Reed stated TPI's inability to continue with reclamation and <br />maintenance of the Twin Pines No. 2 Mine. Also within that letter, Mr. Reed <br />indicated TPI's awareness that their inability to comply with the terms of their <br />permit would result in a bond forfeiture and that TPI did not intend to <br />contest the Order. <br />9) On May 1S, 1996, the DMG received another letter from Mr. Reed, dated <br />May 14, 1996, in which Mr. Reed requested that the Show Cause Order, <br />permit revocation, bond forfeiture and any civil penalties associated with <br />NOV's C-96-007 and C-96-008 and CO C-96-009 be considered by the Board <br />during the May 22-23, 1996 Board Meeting. This letter requested an <br />expedited process, and it effectively waived the permittee's right to receive the <br />proposed civil penalty assessment typically issued by the DMG in accordance <br />with Rule 5.04.3. <br />10) On May 22, 1996, in accordance with C.R.S. 34-33-124(4) and 123(8)(f), and <br />Rules 5.01.3(2), 5.03.3(3)(a), 5.03.5(1), and 5.04.4, a Formal Public Hearing <br />was held before the Mined Land Reclamation Board to consider the Show <br />Cause Order, permit revocation, bond forfeiture and civil penalty assessment <br />associated with NOV's C-96-007 and C-96-008 and CO C-96-009. <br />11) During the May 22, 1996 meeting, both the DMG and TP[ addressed the <br />Board, and both parties recommended that the matter of civil penalty <br />assessment be addressed at the hearing to expedite resolution of the <br />enforcement and revocation process. <br />12) During the May 22, 1996 meeting, TPI did not contest the issuance of NOV's <br />