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i . <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) FINDINGS OF FACT, DECISION <br />Trinidad Basin Mining, Inc. ) AND ORDER <br />Trinidad Basin Mine Show ) <br />Cause Order and Permit ) <br />Suspension ) <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 Mining, Inc. on October 4, 1984. <br />A quorum of the Board was present during the entire hearing and participated <br />in deliberation and voting on the matter. The hearing was held in accordance <br />with C.R.S. 34-33-124(4) and 2 CCR 407-2, Rule 5.03.5(3). A taped transcript <br />was made of the hearing. <br />Pursuant to the authority vested in the Board by C.R.S. 34-33-124(4) and 2 CCR <br />407-2, Rule 5.03.5(4)(c), the Board hereby makes the following Findings of <br />Fact and Board Decision. <br />FINDINGS OF FACT <br />1. The Mined Land Reclamation Division conducted fourteen inspections <br />between November 1, 1983 and November 1, 1984, at the Trinidad Basin Mine. <br />2. The following related enforcement actions were taken during this period: <br />1. NOV 83-31 Failure to certify sediment pond. 11-22-83 <br />A violation of 34-33-120 2(j)(II)(b), 4.05.6(7) <br />2. NOV 83-32 Failure to protect the hydrologic Balance. 11-22-83 <br />A violation of 34-33-120 2(j), 4.05.1, 4.05.6(3) <br />3. NOV C-84-027 Failure to maintain sediment pond. 03-09-84 <br />A violation of 34-33-120(2)(j)(II)(a), 4.05.6(3) <br />4. NOV C-84-029 Failure to pass disturbed water through 03-09-84 <br />sediment control facility. <br />A violation of 34-33-120 2(j)(II)(a), 4.05.2(1) <br />5. NOV C-84-071 Failure to properly construct/maintain the 05-04-84 <br />sediment control system. <br />A violation of 34-33-120(2)(j), 4.05.2(9), 4.05.6(3) <br />6. NOV C-84-072 failure to certify sediment ponds. 05-04-84 <br />A violation of 34-33-12U(2)(j)(II)(b), 4.05.6(7). <br />