ENFORCE37389

• Permit No: C1981024
• IBM Index Class Name: Enforcement
• Doc Name: FINDINGS OF FACT CONCLUSION OF LAW AND DECISION
• Violation No.: CV1983028
• Media Type: D
• Archive: No

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6) The Division's proposed decision for the Colorado Coal Mine No. 1
operation was published on June 30, 1983. In the performance bonding section
of the written findings, Stipulation No. 16 required CCMC to post total
performance bond in the amount of $345,260 within 30 days of the close of the
public comment period (on August 31, 1983).
The total required was for the first increment of an incremental bonding
scheme, which increment included the existing pit disturbance. The original
$226,000 could be applied to the required total. Of the remainder, $87,420
covers the existing disturbance and $31,840 was for additional disturbance
proposed for the first bonding increment.
7) The deadline in the Stipulation No. 16 expired, and the performance
bond was not posted. The Division issued Notice of Violation (NOV) 83-28 to
CCMC on October 7, 1983, for failure to meet the conditions of permit approval
by failure to post the required performance bond by the imposed deadline. The
abatement requirement for the NOV was for CCMC to post the performance bond by
November 7, 1983.
8) On October 31, 1983, Mr. Smaldone, a representative of CCMC,
requested, in a letter to Brian Munson, of the Division staff, to have a
meeting with the Division to discuss the NOV. At that time, Mr. Smaldone
waived his right to a mine site hearing.
9) At the November 7, 1983, meeting with the Division, Mr. Smaldone
requested an extension of the abatement period and assured Division personnel
present that the performance bond would be posted by December 1, 1983. The
Division extended the abatement period to give CCMC the requested time.
10) On November 14, 1983, the Division issued a Modification to the
Notice of Violation, extending the abatement to December 7, 1983, and assessed
a civil penalty of $0. At this time CCMC was made aware, in writing, that if
the deadline was not met, a minimum penalty of $750 per day would be assessed
for each day the violation remained unabated (Section 34-33-123(8)(1), C.R.S. ).
11) The December 7, 1983 deadline elapsed and CCMC failed to post the
required performance bond.
12) On February 17, 1984, CCMC posted the required performance bond.
The Division considered the violation to be abated at this time.
13) The Division issued to CCMC, a Notice of Order to Pay Fixed Penalty
in the amount of $27,000 ($750 per day for 36 days) on January 12, 1984.