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- ~ III IIIIIIIIIIIII III STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY DeUanmenl of Natural Resources I~~~ 1313 Sherman $L, Room 215 Dcnver, Cobrado 80207 Phone: 13031 866-3567 FA1< 13031 A32-8106 DEPARTMENT OF NATURAL December 19, 1995 RESOURCES Mr. Robert Weaver Ray Romer c°°e`"°` 2054 County Road No. 730 Gunnison, CO 81230 E:e~~ ve Dueclor M,~nre, s. ~nng Dimsion Duearn Re: Cessation Order No. C-95-028 Order to Show Cause Why Permit No. C-80-002 Should Not Be Suspended or Revoked O.C. No. 2 Mine, Permit No. C-80-002 Dear Mr. Weaver: This letter provides information regarding the status of Cessation Order (CO) No. C-95-028, including a termination notice for the CO. Also included is an explanation regarding the enclosed Order to Show Cause Why Permit No. C-80-002 Should Not Be Suspended or Revoked. Cessation Order No. C-95-028 Cessation Order No. C-95-028 was issued December 18, 1995 because Notice of Violation (NOV) No. C-95-025 had not been abated as required. The abatement date for NOV C-95-025 was December 11, 1995. An aerial inspection of the O.C. No. 2 Mine was conducted on December 15, 1995. Following a review of the aerial photographs taken during that inspection, it was verified that reclamation of the mine site has not occurred. Therefore, CO C-95-028 was issued on December 18, 1995, due to your failure to abate NOV C-95-025. The abatement timeframe included with CO C-95-028 specified reclamation of the O.C. No. 2 Mine by 5:00 p.m., December 18, 1995. On December 18, 1995, a letter from you, Robert Weaver, was received with the afternoon mail. The letter states that you cannot comply with the abatement requirements, and requests that the bond posted for Permit No. C-80-002 be forfeited. The O.C. No. 2 Mine is a small, family owned and operated mine. The total disturbance area is about 3.5 acres, and mining has not occurred since 1992. We acknowledge that you have worked to reduce the reclamation liability since 1992, as discussed below. The site is in a stable condition at this time. There is no imminent harm situation. The sediment and drainage control system is in place and functional. Given the circumstances specific to this case, we are terminating CO C-95-028 as of December 19, 1995, for good cause, in accordance with Rule 5.03.2(5)(b). Good cause considerations include the fact that the site is stable, that excessive civil penalty accumulation is not appropriate m this case, and that DMG is expediting permit revocation and bond forfeiture.