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

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