Laserfiche WebLink
ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> finds the Operator in violation of section 34-32.5-117(6)(a), C.R.S., and Rule 4.1(7) <br /> for failing to maintain a financial warranty in good standing for the entire life of a <br /> permit. <br /> The Operator shall CEASE AND DESIST any further mining activities at <br /> the site, except those activities approved by the Division, in writing, as necessary <br /> to comply with the conditions of a Board Order, prevent damage to off-site areas, <br /> complete reclamation, or to protect public health and safety, until corrective <br /> actions have been resolved to the satisfaction of the Division. <br /> The Board finds the financial warranty for permit number M-2004-030 to be <br /> subject to forfeiture under section 34-32.5-118(1)(b) and (c), C.R.S. for Operator's <br /> failure to cure a default under its performance warranty and for failing to maintain <br /> a financial warranty in good standing for the entire life of a permit. <br /> The Board directs the Division to, in accordance with section 34-32.5-118(2), <br /> C.R.S., notify Operator and all financial warrantors that the financial warranty is <br /> subject to forfeiture and of their right to appear at a Board hearing to consider <br /> whether the financial warranty for the permit should be forfeited, such hearing to <br /> be held at least thirty days after receipt of such notice. <br /> The Board imposes the following CORRECTIVE ACTION: the Operator <br /> shall, within 30 days of the effective date of this Order, submit a bond in the <br /> amount of$20,300 or provide documentation that the current letter of credit, No. <br /> HACH6991500S has been renewed and is in good standing. <br /> The Board imposes a CIVIL PENALTY for 34 days of violation at $200 per <br /> day for a total civil penalty of$6,800. The entire civil penalty amount shall be <br /> suspended if the Operator timely completes the corrective action ordered herein to <br /> the Division's satisfaction. <br /> DONE AND ORDERED this 18th day of July 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> (--)e&/()ozeri <br /> ill Nelson, Chair <br /> T Bone Stone, Inc. <br /> M-2004-030 <br /> MV-2024-013 3 <br />