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2016-03-03_ENFORCEMENT - M1984039
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2016-03-03_ENFORCEMENT - M1984039
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Last modified
8/24/2016 6:19:51 PM
Creation date
3/7/2016 5:16:18 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1984039
IBM Index Class Name
ENFORCEMENT
Doc Date
3/3/2016
Doc Name
Findings of Fact - Conclusions of Law & Order
From
DRMS
To
Wilbur Benham
Violation No.
MV2016008
Email Name
LJW
GRM
AJW
Media Type
D
Archive
No
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13. On December 2, 2015, the Division received a letter from Operator, <br />objecting to the financial warranty increase. <br />14. Operator failed to post the additional financial warranty by December <br />4, 2015 or at any time since. <br />15. On December 10, 2015, the Division sent a Reason to Believe a Violation <br />Exists and Notice of Board Hearing letter to the Operator. The letter provided notice <br />regarding the alleged violations and information about the hearing before the Board, <br />scheduled for January 27, 2016. <br />CONCLUSIONS OF LAW <br />16. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2015) ("Act"). <br />17. Section 34-32-117(4)(c)(II), C.R.S. requires operators to post <br />additional financial warranty within sixty days from the date of written notice of <br />adjustment from the Division. <br />18. By failing to post additional financial warranty within sixty days from <br />the date of the Division's written notice of adjustment (SI -01), the Operator is in <br />violation of section 34-32-117(4)(c)(II), C.R.S. <br />19. The Board may issue a cease and desist order if it determines that <br />any provision of the Act was violated. C.R.S. § 34-32-124(2) (2015). The Operator <br />is in violation of section 34-32-117(4)(c)(II), C.R.S. <br />20. The Board may impose a civil penalty against an operator for every <br />day during which a violation occurs. Against an operator issued a permit under <br />section 34-32-110, C.R.S., the Board may impose a civil penalty of not less than $50 <br />per day nor more than $200 per day for each day during which a violation occurs. <br />C.R.S. § 34-32-124(7) (2015). Here, the Board may impose a civil penalty against <br />Operator based on fifty-four days of violation (from December 5, 2015 to the Board <br />hearing on January 27, 2016) at $50 to $200 per day for a civil penalty of $2,700 to <br />$10,800. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of section 34-32-117(4)(c)(II),C.R.S. for failing to post <br />additional financial warranty within sixty days from the date of the Division's <br />written notice of adjustment. <br />Wilbur F. Benham <br />Toltec No. 2/M-1984-039 <br />MV -2016-008 <br />3 <br />
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