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2007-04-09_GENERAL DOCUMENTS - M1986141
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2007-04-09_GENERAL DOCUMENTS - M1986141
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Last modified
3/8/2023 10:13:32 AM
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Template:
DRMS Permit Index
Permit No
M1986141
IBM Index Class Name
General Documents
Doc Date
4/9/2007
Doc Name Note
Sherman Mine Reclamation and Sherman Mine Regrading Closeout-BF
Doc Name
IMP Closeout Files
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new bond deadline was revised to April 4,2005. The April 4,2005 deadline passed <br /> without payment of the new bond. The Operator requested an indefinite extension. <br /> 3. On July 13,2005,the Board held a hearing to consider the Division's request for an order <br /> finding violations of the Colorado Mined Land Reclamation Act, Section 34-32-101 et seq. <br /> C.R.S.(2005)("Act"). The Board found a violation of Section 3432-117(4)(c)(I1)of the <br /> Act for failing to provide an updated financial warranty within sixty days of the Division's <br /> adjustment request. The Board ordered the Operator to either post the revised financial <br /> warranty or complete reclamation within 60 days of the signature date of the Board order. <br /> The Board also assessed civil penalties of$71,000.00,with all but$10,000.00 to be <br /> suspended if the Operator complied with the Board's order in a timely manner. The Board <br /> order was signed on August 12,2005,which gave the Operator until October 11,2005 to <br /> comply. <br /> 4. The October 11,2005 deadline passed and the Operator failed to post a revised financial <br /> warranty. Site inspections confirmed that no additional reclamation has been completed. <br /> 5. Section 34-32-124 of the Act authorizes the Board to revoke a permit if a permit condition <br /> has been violated. <br /> 6. Section 34-32-118 of the Act states that a financial warranty shall be subject to forfeiture <br /> whenever the Board determines that an operator has failed to undertake corrective actions <br /> set forth in a Board order. <br /> 7. The Board has jurisdiction over this matter pursuant to Section 34-32-105(4),Section 34-32- <br /> 106, Section 34-32-117,Section 34-32-118 and Section 34-32-124 of the Act. <br />
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