ENFORCE36840

• Permit No: C1980002
• IBM Index Class Name: Enforcement
• Doc Date: 3/6/1996
• Doc Name: Findings of Fact for NOV CV1995025 & CO CO1995028
• Violation No.: CO1995028
• Media Type: D
• Archive: No

r> ~ • • III IIIIIIIIIIIII III
BTATE OF COLORADO
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATIIRAL RE8OURCEB
IN THE MATTER OF:
Robert and Elizabeth Weaver) Civil Penalty Assessment for
O.C. No. 2 Mine ) Notice of Violation C-95-025 and
Permit No. C-80-002 ) Cessation Order C-95-028
To: Robert and Elizabeth Weaver and all other persons engaged in
or owning or controlling the following coal mine operation:
O.C. No. 2 Mine, located in Section 16, T15S, R68W, 6th P.M.,
in Gunnison County, Colorado.
Findings of Fact
Pursuant to the authority vested in the State of Colorado Mined
Land Reclamation Board (Board) by C.R.S. 34-33-124(2) and
123(8)(f), and Rules 5.01.3(2), 5.03.5(4) and 5.04.4(3) of the
Regulations of the Colorado Mined Land Reclamation Board for Coal
Mining, the Board hereby makes the following findings of fact:
1. The O.C. No. 2 Mine is a small underground coal mine, located
in Gunnison County, Colorado, which was permitted and operated
by Robert and Elizabeth Weaver.
2. On December 5, 1995, Notice of Violation (NOV) No. C-95-025 was
issued to Robert Weaver for failure to contemporaneously
reclaim the O.C. No. 2 Mine, and for failure to reclaim the
mine by November 1, 1995.
3. On December 18, 1995, the DMG issued Cessation Order (CO) No.
C-95-028 to Robert Weaver because NOV C-95-025 was not abated.
4. On December 18, 1995, the Division of Minerals and Geology
(DMG) received a letter dated December 14, 1995 from Robert
Weaver, in which Mr. Weaver stated his inability to continue
with reclamation and maintenance of the O.C. No. 2 Mine. Also
within the December 14, 1995 letter, Mr. Weaver requested that
the bond for Permit No. C-80-002 be forfeited.
5. On December 19, 1995, the DMG issued an "Order to Show Cause
Why Permit No. C-80-002 Should Not Be Suspended or Revoked"
(Show Cause Order).