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5) Pursuant to Rule 5.03.7(4), a permittee's inability to comply may be <br />considered as a mitigating circumstance in the assessment of civil penalties. <br />Board Order <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), Rules 5.01.3(2), 5.03.5(4) and 5.04.4(3), the Board hereby orders <br />the following: <br />1) Permit No. C-83-058 issued to Twin Pines Investment, L.P. is hereby revoked <br />and the $22,660.00 bond posted for permit no. C-83-058 hereby forfeited. The <br />DMG shall use the forfeited bond to complete reclamation at the Twin Pines <br />No. 2 Mine. <br />2) No civil penalties shall be levied against the operator for Notices of Violation <br />C-96-007 and C-9G-008 or for Cessation Order C-96-009, because the <br />permittee acted in good faith and to the best of its ability to reclaim the site <br />and eliminate hazards associated with the portal areas. <br />In clarification of the rights of recipients of Board Orders for permit revocation and bond <br />forfeiture, panes are advised to consult the Colorado Surface Coal Mining Reclamation Act <br />and the State Administr;ttive Procedures Act. Persons concerned with judicial review of <br />this document are advised to consult C.R.S. 24-4-106. <br />Dated this 1.9 day of ~n ~ `j , 1996 <br />Mined Land Reclamation Board; Colorado Department of Natural Resources <br />v n ~ <br />Ira J. Paulin, C irman <br />Mined Land Reclamation Board <br />