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Back ound <br />The Twin Pines No. 2 Mine is a revoked, underground coal mining site located about ten miles <br />southeast of Canon City, Colorado and approximately five miles southwest of Florence, Colorado <br />in Fremont County. There are two separate parts of the mine, the portal area and the coal <br />sales/tipple area. The legal description of the portal area is the SE1A NW 1/4 and the NE 1/4 <br />NWIA of Section 2, Township 20 South, Range 70 West on the 6t' Principle Meridian, Fremont <br />County, Colorado. The legal description of the coal sales/tipple area is the SWl/4 NWl/4 of <br />Section 1, Township 20 South, Range 70 West on the 6th Principle Meridian, Fremont County, <br />Colorado. The portal area encompasses approximately 7.6 acres and the coal sales/tipple area <br />encompasses approximately 5.6 acres. <br />The mine was owned and operated by Twin Pines Investment, L.P. (TPI). When the Twin Pines <br />No. 2 Mine was operational, it mined privately owned coal on privately owned surface. Mine <br />production ceased in 1993 due to the loss of its contract. The mine was reclaimed by TPI in 1995. <br />Reclamation activities included sealing the portals, removing all surface facilities, backfilling and <br />grading the disturbed areas, redistributing topsoil and revegetation of the disturbed areas. Due to <br />historic, prelaw mining on both sites, a limited amount of topsoil was available for replacement. <br />The Golden Quality No. 5 Mine and the Last Chance No. 2 Mine operated from 1968 - 1975 at the <br />portal area and the historic Twin Pines Mine operated from 1956 -1981 at the coal sales/tipple <br />area. <br />The Colorado Division of Minerals and Geology (the Division) originally held a bond for the site, <br />in the form of a certificate of deposit (CD), in the amount of $55,114.00, which covered all <br />reclamation costs. On 3 November 1995 TPI applied for a Phase I Bond Release for both portions <br />of the mine site. The Division approved the bond release on 18 December 1995, releasing <br />$32,454.00. The Division still holds the remaining $22,660.00, in the form of a cash bond, for <br />future reclamation needs. <br />On 9 April 1996 the Division issued two Notice of Violations (NOV's) to TPI and on 16 April <br />1996 the Division issued a Cessation Order (CO) to TPI for failure/inability to abate the previously <br />issued NOV's. On 19 April 1996 the Division issued an Order to Show Cause Why Permit Should <br />Not Be Revoked. On 29 April 1996 TPI requested a review of the Show Cause Order before the <br />Board. On 29 May 1996 the Board held a formal public hearing and subsequently ordered that the <br />Twin Pines No. 2 Mine permit be revoked and the remaining $22,660.00 bond be forfeited. <br />The Division has continued to conduct monthly inspections of the Twin Pines No. 2 Mine site <br />pursuant to Rule 5.02.2(1). In accordance with Rule 5.02.2(8)(a), the Division performed a <br />complete inspection of the site on 30 September 2002. <br />Pursuant to Rule 5.02.2(8)(a)(i), the Twin Pines No. 2 Mine meets the definition of an abandoned <br />site based on Rules 1.04(1)(d)(i) and 1.04(1)(d)(ii). The permit for the site has been revoked and <br />the performance bond has been forfeited (29 May 1996).