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