Laserfiche WebLink
<br /> <br />least as early as June 7, 2023, the date DRMS received an anonymous complaint regarding the unapproved disturbance. <br />While the unapproved activities ceased on June 13, 2023, as verified by DRMS upon the issuance of CO-2023-001, the <br />actual damage (unapproved disturbed land) is ongoing until a technical revision is approved to incorporate these lands into <br />the permit. As noted above, DRMS proposed its decision to approve TR-134 on July 14, 2023, and this revision covers the <br />unapproved disturbed land. While the extent of the damage in terms of area is approximately 18 acres, the impacts on the <br />public environment as a result of this disturbance are minimal. <br /> <br />Given the facts stated above, the overall seriousness of the violation is considered moderate. <br /> Penalty assessed: $750.00 <br /> <br />Rule 5.04.5(3)(c) – Fault <br />The amount to be assessed for fault is based on the degree of fault of the person to whom the notice or order was issued in <br />causing or failing to correct the violation, condition, or practice which led to the issuance of the notice or order, either <br />through act or omission. A violation which would have been unavoidable despite the exercise of reasonable care shall <br />result in no assessment for fault. A violation which occurred as the result of negligence shall result in an assessment for <br />fault of at least $250 but not more than $750. A violation which occurred as the result of a greater degree of fault than <br />negligence (reckless, knowing, or intentional conduct) shall result in an assessment for fault of at least $750 but no more <br />than $1,500. <br /> <br />In this case, TMI had submitted a technical revision (TR-134) that would cover the unapproved disturbed land, which <br />demonstrates TMI was aware the land was not already included in the approved disturbance area. Regardless, TMI made <br />the decision to begin disturbing the unapproved area without first obtaining DRMS approval of TR-134. Therefore, this <br />violation occurred as the result of intentional conduct. <br /> Penalty assessed: $1,500.00 <br /> <br />Rule 5.04.5(3)(d) – Good faith in achieving compliance <br />One abatement step was required for CV-2023-001, to submit and receive approval of a technical revision to revise the <br />mining and reclamation plans to cover the unapproved disturbed land. The abatement due date is set for August 11, 2023. <br />As noted above, TMI had previously submitted a technical revision (TR-134) that would incorporate the unapproved <br />disturbed land into the permit. DRMS proposed its decision to approve TR-134 on July 14, 2023, and will issue its final <br />approval if no objections are received within the ten day public comment period. This means the abatement will likely be <br />achieved well before the time fixed for abatement in CV-2023-001. <br /> <br />Given these good faith actions, DRMS will subtract a portion of the penalty. <br /> Penalty Subtracted: $250 <br /> <br />