ENFORCE36867

• Permit No: C1983058
• IBM Index Class Name: Enforcement
• Doc Date: 5/15/1996
• Doc Name: ALTERNATIVE ENFORCEMENT
• From: DMG
• To: TWIN PINES FN C-83-058 CESSATION ORDER C-96-009
• Violation No.: CV1996009
• Media Type: D
• Archive: No

~~ IIIII IIIII 11111111
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
DeNanmenl of Natural Resources
131 3 Sherman 51 .. Room ?1 5

Denver, Colorado 80203 I~~~~~
Phone: [phone]h 3567
FA%. 1303) 83?-A10h
UEI'ARTMENT OF
DATE: May 15, 1996 NATLJ~I,
RESOURCES
TO: Twin Pines File (C-83-058)
~,,, h„n,e,
Cessation Order C-96-009 '°^'"^°'
1.~Im ~. y Lnrhhean

FROM:
Larry Routten ..'I nII~C I)Irrcln~

'
.,I, h.ml I1. Lung
I n. nlnn Uuccmr
RE: Alternative Enforcement
Cessation Order C-96-009 was issued to Twin Pines Investment Ltd. following the
permittee's failure to abate NOV's C-96-007 and 008. The permittee notified the Division
in writing that they were financially unable to comply with the cessation order or maintain
compliance with the mine permit. These actions occurred after the permittee had
completed reclamation of the site, and the Division had approved a Phase 1 bond release
recognizing that backfilling and grading had heen accomplished in accordance with the
approved reclamation plan.
Following the permittee's notification of their inability to comply, the Division issued an
order to show cause why the permit should not be revoked, in accordance with Rule
5.04.6(4) of the coal regulations. That rule dictates that a public hearing regarding the show
cause order shall be arranged, per section 34-33-123(7) of the Colorado Surface Coal Mining
Reclamation Act. Such hearing has been scheduled for the May, 1996 meeting of the
Colorado Mined Land Reclamation Board.
The coal regulations contain provisions for several "alternative enforcement" mechanisms
available to the Division and Board, as appropriate. Following citation of a permittee's
failure to abate a violation, Rule 5.04.6(4) indicates the Division shall take appropriate
action pursuant to 34-33-123(7), 34-33-123(9), 34-33-123(10), or 34-33-123(12), "ro elLSUre rllar
there will not be a recurrence of the failure to abate". In this case, the Division is
implementing the actions described in 34-33-123(7).
As noted above, the Division issued a show cause order and scheduled a public hearing
before the Board, pursuant to 34-33-123(7). At this hearing, the Division will recommend
that the Board revoke the Twin Pines permit and forfeit the remaining bond. The Division
has determined that the remaining bond is adequate to finance maintenance of the
reclaimed mine site and removal of Iwo remaining sediment control ponds. Concurrent with
revocation of the permit, the Division will add the owners and controllers of Twin Pines
Investment Ltd. to the Applicant Violator System (AVS). As a result of losing the Twin
Pines permit and being added to the AVS, the owners and controllers will be prohibited