Laserfiche WebLink
K. The RTB was originally set for consideration by the Board on June 23, <br />2021. This matter was subsequently continued to the July 21, 2021 hearing. Due to <br />lack of Board quorum in July, this matter was reset for consideration on August 18, <br />2021. <br />L. To resolve outstanding issues in this matter, including but not limited <br />to addressing the off-site impact issue and conducting a comprehensive Permit <br />review and revision, the Parties enter this Agreement. The Parties agree that a <br />Permit Amendment as outlined and authorized by the Act and Regulations, which <br />both clarifies the terms of the Permit and the enforceable provisions of the Permit, <br />is both necessary and in Parties' best interest. Based on the Parties' discussions, the <br />Parties agree and stipulate to the following terms: <br />reern nt <br />1. While conducting mining construction activity associated with burying <br />two refuge chambers a prior operator placed on the surface of the Terrible waste - <br />rock dump, Operator inadvertently disturbed an area outside the Permit boundary. <br />2. Failing to protect areas outside a permit boundary from slides or <br />damage during the mining and reclamation operations is a violation of C.R.S. 34-32- <br />116(7)(h) and the Permit. Operator is in violation of C.R.S. 34-32-116(7)(h) for <br />failure to protect areas outside of the affected lands from slides or damage occurring <br />during the mining operation and reclamation <br />3. The Parties agree that under the circumstances described in this <br />Agreement, the issuance of a Cease and Desist Order is not necessary. <br />4. Operator shall submit a holistic Permit Amendment application that <br />will establish a permit consolidation and correction of the Permit boundary <br />submitted by a prior Operator for the site in a cohesive, understandable, and clear <br />manner. At a minimum, the Permit Amendment application shall contain the <br />following components: <br />Incorporate into the Permit the impacted off-site area associated with the <br />RTB issued on May 13, 2021, including a sufficient buffer area to complete <br />the necessary reclamation work and correct the Permit boundary at the <br />Terrible waste -rock dump; <br />0 Clarify and consolidate all applicable details of AM -01 and all Technical <br />Revisions approved to date and incorporate substantive provisions and <br />Permit conditions and components into their respective and proper Exhibits; <br />Make any and all clarifying changes to the Permit Operator determines to be <br />appropriate after conducting its own review or based on the suggestions of its <br />retained permitting consultant. <br />6. Operator shall submit to the Division a complete and reviewable Permit <br />Amendment application and its associated revision fee within 120 days of the date of <br />