Laserfiche WebLink
13. On October 3, 2013, the Division sent a Reason to Believe a Violation <br />Exists letter to the Operator, informing the Operator about the alleged violations <br />and the November 13, 2013 hearing. <br />CONCLUSIONS OF LAW <br />14. The Board has jurisdiction over the Operator and this matter pursuant <br />to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act "). <br />15. Pursuant to section 34 -32 -124, C.R.S., the Board may find a violation <br />and suspend. modify. or revoke a permit when it finds that an operator failed to <br />comply with the conditions of a permit. The Operator is in violation of the Permit <br />as reflected in the December 2011 Order, as modified by the July 2013 Order, by <br />failing to complete and stabilize the new access road. <br />16. Section 34- 32- 124(7), C.R.S. provides for a civil penalty of not less than <br />$100 per day nor more than $1.000 per day for each day during which a violation <br />occurs. By failing to comply with the December 2011 Order, as modified by the July <br />2013 Order, the Operator is in violation of the Permit. The Board may impose a <br />penalty based on 44 days of violation (from the September 30. 2013 deadline to the <br />November 13, 2013 hearing) at $100 to $1,000 per day for a civil penalty of $4,400 <br />to $44.000. <br />17. If the Board determines that there has been a violation of a provision <br />of a permit, the Board may issue a cease and desist order. C.R.S. § 34- 32- 124(2)(a) <br />(2013). By failing to comply with the December 2011 Order, as modified by the July <br />2013 Order, the Operator is in violation of the Permit. <br />ORDER <br />The Board finds that the Operator is in violation of the Act, in accordance with <br />section 34 -32 -124, C.R.S., for failure to comply with an order, permit, or regulation. <br />The Board finds that, in accordance with section 34- 32- 124(6)(a), C.R.S.. <br />permit number 1\l -1081 -185 is suspended. <br />The Board orders the Operator to CEASE AND DESIST from any further <br />activities at the site except those activities, approved by the Division in writing, <br />necessary to bring the mining operation into compliance with the Permit, and to <br />prevent damage to off -site areas, or to protect health and safety. <br />The Board finds, in accordance with section 34 -3.2- 118(1), C.R.S., that the <br />financial warranty in the amount of $204,562.00 is subject to forfeiture. The Board <br />Wildeat Alining Corporation <br />May Day Idaho Aline /AI- 1981 -185 <br />Violation No. NIV- 201:3 -0:37 :3 <br />