ENFORCE38027

• Permit No: C1981048
• IBM Index Class Name: Enforcement
• Doc Date: 12/31/1984
• Doc Name: CMLR BOARD FINDINGS OF FACT & DECISION ON FORMAL HEARINGS HELD NOVEMBER 14 1984
• From: MLRD
• To: TRINIDAD BASIN MINING INC
• Violation No.: CV0000000
• Media Type: D
• Archive: No

STATE OF COLORADO
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF: ) FINDINGS OF FACT AND DECISION
Trinidad Basin Mining, Inc. )
Trinidad Basin Mine )
Formal Hearing for NOV C-84-110 )
This matter was presented in a hearing, after proper notice, before the
Colorado Mined Land Reclamation Board ("Board") on November 14, 1984, in Room
110 of the Centennial Building, 1313 Sherman Street, Denver, Colorado. The
Board conducted the hearing to consider a Show Cause Order issued to Trinidad
Basin i4ining, Inc. on October 4, 1984.
A quorum of the Board, Davis C. Holder, Margaret Winter, Terrence O'Connor,
and Lee Campbell, was present during the entire hearing and participated in
deliberation and voting on the matter. The hearing was held in accordance
with C.R.S. 34-33-124 and 2 CCR 407-2, Rule 5.03.5(3). A taped transcript was 1
made of the hearing.
Pursuant to the authority vested in the Board by C.R.S. 34-33-124 and 2 CCR ,-.
407-2, Rule 5.03.5(4)(c), the Board hereby makes the fallowing findings of
fact and, Board Decision. i
FINDINGS OF FACT
On June 7, 1984, the Colorado Mined Land Reclamation Division issued
Notice of Violation C-84-110 to Trinidad Basin Mining, Inc., for failure
to meet the requirements of stipulations 7 and 8 to permit C-048-81;
requiring a plan for sampling baseline vegetation at the mine and
submitting the data to the Division for approval in accordance with
C.R.S. 34-33-123(2).
2. On July 3, 1984, the Division issued a Notice of Proposed Amount of Civil
Penalty and Request for Conference in accordance with C.R.S.
34-33-123(8)(b).
3. On July 11, 1984, the Division received a request for an assessment
conference on NOV C-84-110 in accordance with C.R.S. 34-33-123(8)(b).
4. Pursuant to C.R.S. 34-33-123(8)(b) an assessment conference was held at
the mine west of Ludlow, Colorado to discuss the violation (C-84-110) on
Tuesday, July 24, 1984.
5. A settlement agreement was proposed by the Director of the Division on
August 14, 1984 in accordance with C.R.S. 34-33-123(8)(c).
6. The proposed settlement agreement was not accepted.