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-, ~ <br /> <br />999 <br />BOARD ORDER <br />IN THE MATTER OF: ) Findings of Fact. <br />Appeal of Cessation Order C-90-005 ) Conclusions of Law <br />and Proposed Civil Penalty 1 and Board Order <br />Issued to Jahn Wiggins, ) <br />file I-90-005 ) <br />This matter was presented in a formal public hearing, after prover notice, <br />before the Colorado Mined Land Reclamation Board ("Board") on March 21, 1990 <br />in Room 220 of the Centennial Building, 1313 Sherman Street, Denver, <br />Colorado. The Board conducted a hearing on the appeal of Cessation Order <br />C-90-005 and the Droposed civil penalty issued to John Wiggins for conducting <br />surface coal mining operations without a permit. <br />Board members present were Dennis Donald, Chris Jouflas, James Cooley, <br />Terry O'Connor, Luke Danielson, and Mike Entz. <br />The hearing was held in accordance with C.R.S. 34-33-124(1) and Rule 5.03.5. <br />A taped transcript was made of the hearing. Pursuant to the authority vested <br />in the Board by C.R.S. 34-33-124(2) and Rule 5.03.5(4), the Board hereby makes <br />the following Findings of Fact, Conclusions of Law, and Board Order, <br />FINDINGS OF FACT <br />• _.. <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the followino <br />findings of fact: <br />1. -On January 10, 1990 the Division conducted an inscec_tion of the Wiggins. _ <br />property (E 1/2, Sec. 15., T31S, R65W, Las Animas County, Colorado) and <br />observed surface coal mining operations in progress. <br />2. On January 10, 1990 the Division issued Cessation Order C-90-005 to <br />Mr. Martin Dosen, equipment operator at the site. The cessation order <br />required the immediate cessation of surface coal minino operations and <br />reclamation of the site by Fepruary 28, 1990. <br />3. The on-site informal hearino on the cessation order was waived by the <br />Division on February 8, 1990. <br />4. On Fepruary 8, 1990 the Division issued a proposed civil penalty <br />assessment in the amount of $2500.00. Tne penalty included an assessment <br />of $1750.00 mandatory penalty for minino without a permit, $150.00 for <br />seriousness, $0.00 for fault, and $0.00 good faith deduction. <br />