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