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C-96-007 and C-96-008 or CO C-96-009; however, TPI reiterated its inability <br />to continue with reclamation or maintenance of the Twin Pines No. 2 Mine. <br />13) The Board did not deem it appropriate or necessary, in this case, to cause an <br />additional investigation as allowed by Rule 5.03.5(2). <br />14) The DMG testified that TPI had cooperated with the DMG to date, and had <br />conducted site maintenance and site reclamation to the best of its abilities. <br />15) The DMG stated to the Board by memorandum dated May 13, 1996, that <br />assessment of civil penalties, in this case, would not cause additional <br />reclamation and may force the operator into Irinkruptcy which would hamper <br />the DMG's ability to obtain the bond mono- ncecied to conduct any further <br />maintenance required at the site. <br />16) The Twin Pines No. 2 Mine was in stable condition, and did not pose any <br />imminent hazards to humans or the environment as of April 9, 1996. <br />17) The approved reclamation plan within Permit No. C-83-058 is adequate and <br />proper. <br />18) The $22,660.00 bond is believed to be adequate to ensure p roper reclamation <br />of the Twin Pines No. 2 Mine in accordance with all applicable provisions of <br />Permit No. C-83-058, the Colorado Surface Coal Mining Reclamation Act, <br />and the Rules. A detailed bond estimate was calculated by the DMG on <br />February 24, 1995. <br />Conclusions of [~iw <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board <br />by C.R.S. 34-33-123(8)(f), and Rules 5.01.3(2), 5.03.5(4) and 5.04.4(3), and based upon the <br />preceding Findings of Fact, the Board hereby concludes the following: <br />1) The DMG appropriately issued NOV's C-96-007 and C-96-008 and CO C-96- <br />009. <br />2) Pursuant to C.R.S. 34-33-123(8)(f), and Rules 5.01.3(2), 5.03.5(4) and 5.04.4, <br />the Board has the authority to hold hearings regarding the facts and civil <br />penalties associated with notices of violation and cessation orders. <br />3) Pursuant to Rule 5.04.4(2), the Board may consolidate civil penalty hearings <br />with hearings held to address Show Cause Orders. <br />4) Pursuant to Rule 5.01.3(2)(d), the Board may suspend penalties in appropriate <br />cases. <br />