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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Nalur.l Resources <br />I J I J Sher m, n 51., Room l i d <br />Denver, Color, do 80203 <br />Phone. OOJI d66J 567 <br />FAY: (3011 d12~d106 <br />Date: January 16, 1996 <br />To: Mined Land Reclamation Board <br />From: David Berry <br />Re: Permit Revocation -Bond Forfeiture -Civil Penalty Consideration <br />Formal Public Hearing(s) <br />O.C. Mine No. 2 (Permit No. C-80-002} <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Rny Rnmer <br />Governor <br />lames 5 Lorhheml <br />E*eruoce Dumlor <br />Michael B. Lung <br />Division Direcmr <br />During the January 24-25, 1996 Mined Land Reclamation Board (Board) hearing, the Board will <br />be asked to revoke the O.C. Mine No. 2 permit, forfeit the $36,000.00 bond, and consider <br />granting relief from the civil penalties associated with the enforcement actions leading to permit <br />revocation and bond forfeiture. The O. C. Mine No. 2 is an underground coal mine. <br />Background <br />Robert and Elizabeth Weaver are the permittees and operators of the O. C. Mine No. 2 in <br />Gunnison County. The total mine permit area is 200 acres, with approximately four acres of <br />actual disturbed area. This project was a family opetation which was forced to cease opetations <br />during 1992 due to unfavorable mine roof conditions. It was necessary for Mr. Weaver to take a <br />full time job away from the mine because the mine was no longer producing any income. <br />Mr. Weaver continued to maintain the site and work towards fmal reclamation during weekends. <br />Since 1992, the Division of Minerals and Geology (Division) and Board have been working with <br />Mr. Weaver to allow him to reduce the bond liability without enforcement action. During 1992, <br />the Division estimated the bond liability to be about $60,700.00. The bond held by the Division <br />was only $36,000.00. The Division and the Board understood that Mr. Weaver was utilizing all <br />available means to meet his obligations under the Colorado Surface Coal Mining Reclamation Act. <br />Mr. Weaver has reduced the estimated liability to about $27,400.00, by removing structures and <br />scrap items. The site is stable at this time, with no imminent environmental hazards. The portals <br />are sealed, and the sediment control system is intact. <br />Early in 1995, a deadline of November 1, 1995 was set for final reclamation. The deadline was <br />specified in the permit. This was done to expedite a final resolution, and because the landowner <br />was also interested in final reclamation as soon as possible. <br />