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°' . -.~'` <br />7, CO C-84-138 Failure to abate NOV C-84-072 06-28-84 <br />pond certification. <br />A violation of 34-33-123(3), 5.03.2(3) <br />8. CO C-84-146 Failure to abate NOV C-84-071 construction 08-O1-84 <br />diversions/redesign ponds. <br />A violation of 34-33-120(2)(j) <br />3. All of the above enforcement actions (with the exception of C-84-146, <br />which is still in the review process) were reviewed, or had the opportunity to <br />be reviewed administratively. At this time the appeals process is closed and <br />the enforcement actions stand (except as noted for C-84-146). <br />4. On August 21, 1984, the Division determined that a pattern of violations <br />existed at the Trinidad Basin Mine based on violations of the same and related <br />requirements of the Act and Rules within the previous 12-month period, and <br />based on the criteria of 5.03.2. <br />5. On October 4, 1984, David C. Shelton, Director of the Division reaffirmed <br />that a pattern of violations existed at the Trinidad Basin Mine, and that the <br />violations were caused by the unwarranted failure of the permittee to comply <br />with the requirements of the Act and Rules. <br />6. On October 4, 1984, a show cause order was issued to Trinidad Basin <br />Mining, Inc. for the Trinidad Basin f4ine. <br />1. Trinidad Basin Mining, Inc. failed to request a review and hearing within <br />30 days of service of the show cause order. <br />BOARD DECISION AND ORDER <br />In accordance with C.R.S. 34-33-124(4) the Board hereby finds that a pattern <br />of violations exists at the Trinidad Basin Mine, and that the violations are a <br />result of unwarranted failure of the permittee to comply with the .4ct and <br />Rules and Regulations. <br />1. In accordance with C.R.S. 34-33-124(4}, the Board orders Permit C-048-81 <br />to be suspended. Suspension of the permit requires cessation of all <br />activities related to extraction of and/or removal of coal from the earth. <br />Reclamation, monitoring, and environmental control activities are to continue <br />in accordance with the approved plans contained in Permit C-048-81. <br />2. In accordance with C.R.S. 34-33-124(4) the Board orders Trinidad Basin <br />Mining, Inc. to complete all outstanding reclamation activities at the <br />Trinidad Basin Mine including, but not limited to; backfilling and grading, <br />topsoiling, seeding and mulching, reclamation of sediment control structures <br />and roads, and reclamation of load-out facilities, on or before July 31, 1985. <br />MINED LAND RECLAMATION BOARD <br />DATE ~, , 2 4 ~ ~ 5 ~ <br />C ~~~C~~~,L. <br />avis ~. Ho er, airman <br />Doc. No. 5375 <br />