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III IIIIIIIIIIIIIIII <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Rewurces <br />1 313 Sherman SL, Rnom 215 <br />Dem~er, Colorado 80'03 <br />Phone: 13031 B66-3567 <br />FAX: (3(131 832-8106 <br />Date: December 19, 1995 <br />To: File No. C-80-002 <br />From: David Berry <br />Re: Alternative Enforcement Considerations <br />O.C. No. 2 Mine, Permit No. C-80-002 <br />Alternative Enforcement <br />~I~ <br />DEPAR7"MEIJT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5 Lochhead <br />E~ecunve Dneaor <br />mhchael B. Long <br />Division Direanr <br />The DMG has issued NOV C-95-025, and CO C-95-028. The DMG is also expeditiously pursuing <br />permit revocation and bond forfeiture. Additional and alternative enforcement procedures have <br />been considered, but deemed inappropriate in this case. The O.C. No. 2 Mine was operated and <br />is permitted by Robert Weaver, an individual. Mr. Weaver has complied with our orders to the <br />best of his abilities and available means. Mr. Weaver has provided every indication that if he <br />were able to comply, he would. Excessive civil penalties, attempts to obtain a court ordered <br />injunction against Mr. Weaver, and any other attempt to pursue legal remedies through the courts <br />would serve no end. If further actions were pursued, Mr. Weaver would likely be forced into <br />personal banlQUptcy. This would be overly punitive, and such a result would also preclude any <br />likelihood of penalty collection. Enforcement actions beyond those already in progress would not <br />expedite or effect any additional reclamation of the mine site. <br />DAB/bjw <br />cc: Mike Long <br />Susan McCannon <br />STATE OF COLORADO <br />\elw\oc.oAe <br />