|
6. The Division inspected the site on May 15, 2017 and on a monthly
<br />basis thereafter.
<br />7. On May 23, 2017, the Division issued Notice of Violation ("NOW),
<br />number CV -2017-001, to the Operator for failure to maintain minimum
<br />requirements for legal compliance because the Operator was voluntary dissolved, in
<br />violation of the Colorado Surface Coal Mining Reclamation Act, Article 33 of Title
<br />34, C.R.S. (2017) ("Act"), the Regulations of the Colorado Mined Land Reclamation
<br />Board for Coal Mining, 2 C.C.R. 407-2 ("Rule-,"), and the permit. NOV 2017-001
<br />identified abatement steps the Operator needed to take to remedy the violation by
<br />either reinstating Energy Fuels Coal, Inc. or providing the Division all information
<br />necessary to transfer, assign, or sell the permit rights. The abatement steps were
<br />due by June 30, 2017.
<br />8. The Division also issued a second NOV, number CV 2017-002, on May
<br />23, 2017, to the Operator for failure to maintain legal right of entry in violation of
<br />the Act and Rules and the permit. NOV 2017-002 required the Operator to abate
<br />the violation by reacquiring legal right of entry by June 30, 2017.
<br />9. The Division also issued a third NOV, number CV 2017-003, on May
<br />23, 2017, to the Operator for failure to maintain mine and permit identification
<br />signs in violation of the Act, Rules. and the permit. NOV 2017-003 required the
<br />Operator to abate the violation reinstalling mine and permit identification signs by
<br />June 30, 2017.
<br />10. The Operator failed to abate the violations at the site by June 30, 2017,
<br />in violation of the NOVs, or at any time since.
<br />11. On July 12, 2017, the Division issued Cessation Orders numbers CO -
<br />2017 -001, 002, and 003 ("COs"), finding that the Operator failed to timely abate the
<br />violations identified in the NOV 2017-001, 002, and 003, respectively. The COs
<br />required the Operator to cease and desist operations at the site. The Division also
<br />assessed mandatory daily penalties for those thirty days pursuant to section 34-33-
<br />123(8)(i), C.R.S. and Rule 5.04.6(3)-(4).
<br />12. The COs required the Operator to abate the violations by August 18,
<br />2017. The COs also notified the Operator that it has a legal right, under section 34-
<br />44-124(1), C.R.S., to request review of the COs in a hearing before the Board. The
<br />Operator did not file a written response or request a hearing on the CO.
<br />13. The Operator failed to abate the violations at the site by August 18,
<br />2017, in violation of the COs, or at any time since.
<br />Energy Fuels Coal, Inc.
<br />Southfield Mine, C-1981-014 2
<br />
|