Laserfiche WebLink
of different requirements of the Act, the Rules, or the permit; or (c) the extent to <br />which the cited violations were isolated departures from lawful conduct. Rule <br />5.03.3(2)(a). The Operator violated the same or related requirements of the Act, the <br />Rules and the permit and the Division cited the Operator's violations on more than <br />one occasion. The Operator's violations are not isolated departures from lawful <br />behavior. Instead, the Operator's violations were ongoing, unwarranted, and <br />willful. The Division's issuance of the Show Cause Order to the Operator, based on <br />the Operator's pattern of violations, was proper. <br />23. An operator who violates a permit may be subject to (a) suspension or <br />revocation of the permit, or (b) a fine of up to $10,000, imprisonment of up to one <br />year, or both a fine and imprisonment. § 34-33-123(7), (9), (10), C.R.S. (2017). The <br />Operator violated the permit and the Act. Revocation of the permit is warranted <br />and appropriate. <br />24. If the Board suspends or revokes a permit, the Board must either <br />(a) specify a period for the permittee to complete reclamation or (b) forfeit the <br />performance bond for the operation pursuant to Rule 3.04. Rule 5.03.3(3)(b). <br />25. Pursuant to Rule 3.04.1, the Board shall declare a performance bond <br />for any permit forfeited if the Board determines that the permittee has failed to <br />conduct the surface mining and reclamation operations in accordance with the Act, <br />Rules, and the permit within the timeframe required, and that it is necessary, in <br />order to fulfill the requirements of the Permit and reclamation plan, to have <br />someone other than the permittee correct or complete reclamation. <br />26. Because the Operator is dissolved and failed to reconstitute itself or <br />transfer, sell, or otherwise assign its interest in the permit, it has demonstrated its <br />intent to not complete reclamation. It is therefore necessary that someone other <br />than Operator must correct or complete the reclamation. Forfeiture of the bond is <br />warranted and appropriate. <br />ORDER <br />The Operator did not appear in this matter to present any mitigating factors. <br />There is no information before the Board indicating that any action other than the <br />requested action is appropriate. Therefore, based on the foregoing findings of fact <br />and conclusions of law, the Board hereby enters the following order: <br />The Board orders permit number C-1984-014 revoked. <br />The Board orders the financial warranty for permit number C-1981-014 to <br />be forfeited. <br />Energy Fuels Coal, Inc. <br />Southfield Mine, C-1981-014 <br />