Laserfiche WebLink
disturbance to the prevailing hydrologic balance of the affected land and the <br /> surrounding land; failing to comply with applicable federal and state water quality <br /> laws and regulations; and failing to comply with the conditions of an order, permit, <br /> or regulation. <br /> 16. The Board issued an order effective December 8, 2011 ("December 2011 <br /> Order"), finding the Operator in violation of sections 34-32-116(7)(g), -116(7)(h), and <br /> -124, C.R.S., and Rule 3.1.6 of the Mineral Rules and Regulations of the Board for <br /> Hard Rock, Metal, and Designated Mining Operations, 2 C.C.R. 407-1 ("Rules"). <br /> The Board ordered the Respondent to: <br /> a. submit past due Annual Water Monitoring Reports, a discharge <br /> permit from CDPHE or written proof that the application process for such <br /> discharge permit has commenced, and complete permanent closure of the <br /> secondary escape-way; and <br /> b. within 30 days of the effective date of the December 2011 Order, <br /> pay a civil penalty of$9,800. <br /> 17. On or about December 22, 2011, the United States Department of the <br /> Interior issued a letter to the Operator stating, among other things, that "[d]ue to <br /> the recent inactivity, discharge of local consultants and lack of maintenance at the <br /> Cash and Who Do Mines ... and Gold Hill Mill ..., the [Bureau of Land Management <br /> ("BLM")] has determined in accordance with 43 C.F.R. 3809.336(a) that the <br /> Operator has abandoned these operations" and ordered the Operator to contact the <br /> BLM or the BLM will initiate the financial guarantee forfeiture process. <br /> 18. The Operator failed to submit past due Annual Water Monitoring <br /> Reports, a discharge permit from CDPHE or written proof that the application <br /> process for such discharge permit has commenced, and complete permanent closure <br /> of the secondary escape-way as ordered in the December 2011 Order. <br /> 19. The Operator failed to pay the $9,800 civil penalty ordered in the <br /> December 2011 Order. <br /> 20. On January 9, 2012, the Division issued a Reason to Believe a <br /> Violation Exists letter to the Operator informing it of the possible violations related <br /> to its failure to comply with the December 2011 Order. The letter also provided <br /> information about the February 8, 2012 hearing. <br /> 21. The Division holds a financial warranty for the Cash and Who Do <br /> Mines, file number M-1983-141, in the amount of$175,900.00. <br /> AGC Resources, LLC <br /> Cash and Who Do Mines, M-1983-141 <br /> MV-2012-006 3 <br />