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-2- <br />5. On February 20, 1990 the Division received a signed request for an <br />assessment conference from Mr. John Wiggins. <br />6. An assessment conference was held on March 13, 1990 on the facts <br />regarding the issuance of the Cessation Order and the magnitude of the <br />civil penalty. The assessment conference was held in Walsenburg, <br />Colorado at the request of Mr. John Wiggins. <br />7. On March 14, 1990 the Division received a written facsimile request for a <br />formal public hearing before the Colorado Mined Land Reclamation Board <br />from Mr, John Wiggins. The formal hearing was scheduled on March 15, <br />1990 for the March 21-22, 1990 Board hearing and groper timely notice was <br />given to all affected parties. <br />8. Mr. John Wiggins stipulated to the fact that he was conducting surface <br />coal mining operations at the specified site. <br />9. On December 24, 1987 the Division sent a letter to Mr. John Wiggins which <br />stated in part "At this point you need to apply fora permit unless <br />the extraction is less than 250 tons or for nonprofit private use." Mr. <br />Wiggins interpreted this to mean he did not need a permit. <br />Conclusions of Law <br />John Wiggins did conduct surface coal mining operations in the State of <br />Colorado witnout an approved mining and reclamation permit as required by <br />C.R.S. 34-33-109(11. <br />Board Order <br />Based on the foregoing Findings of Fact, Conclusions of Law and pursuant t~ ^. <br />provisions of C.k.S. 34-33-124(2), the Board hereby orders that: <br />1. Cessation Order C-90-005 is hereby replaced by this Board Order. <br />2. A civil penalty in the amount of 52500.00 is levied, with the civil <br />penalty amount suspended if reclamation is completed by June 30, 1990. <br />Date: Aor11 25, 1990 /" /JC/ (/ " <br />Terran~e/ ee O'Connor, Chairperson <br />Coloratl ~ ned Land Reclamation Board <br />MSS/eas <br />6360E <br />