1992-07-21_REVISION - M1988112 - Laserfiche WebLink

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Minutes, July zz-24, 19! FORMAL PUBLIC HEARING SAN MIGUEL GOLD MINES, INCORPORATED E. HARDING CHANDOR lI0 East 87th Street, Apt. 6-B New York. NY 10128 All persons wishing to give testimony were sworn. File No. M-87-124 Sec. 30, T44N, R11W, N.M.P.M.; 110 surface placer mining operation. Consideration of possible permit revocation and bond forfeiture for failure to submit annual fees, an annual report and civil penalties. Staff presented EXHIBIT A, a presentation form, and statec that this matter concerns the Dorie Placer, a gold placer operation th.tt has been inactive since 1988. The Division sent the operator an annual fee letter on November 1, 1991, and a past-due notice was sent ~n February 6, 1992, allowing the operator to submit the annual fee and annual report by February 21, 1992. This was not received, and ~~n February 25, 1992, the Division issued a notice of violation and assessed a $120 civil penalty. The operator's payment of the civil penalty by March 31, 1992, would have abated the notice of violation. However, the Division received no response from the operator. Staff said a $5,000 bond is in place for this site, but that a recent inspection indicated that this amount would not be suf=ficient for reclamation. Staff recommended that the Board revoke the operator's permit, forfeit the $5,000 certificate of deposit, order the operator to remove all structures from the site and establish the cost of rec amation at $15,000. In response to an inquiry from the Board about raising the amount of the bond on a revoked site, Staff explained that if the Board includes this in an Order, the Division would pursue the operator in District Court to obtain the additional reclamation funds. Mr. Frank Johnson, Assistant Attorney General, stated that the Board's Order could forfeit the existing bond, as well as the additiona] bond, in order to conduct reclamation of the site. The Bureau of Land Management (BLM), the property owner, hz.s also been attempting to contact the operator, however, they do not cold a bond for the site. Staff said the Division received one signed ~~eceipt from the certified mail sent to the operator. Staff said the reclamation work remaining at the site includes the removal of structures and equipment, grading and seeding of a sediment pond, stabilization and seeding of the excavated area and grading and seeding of several roads at the site. Staff informed the Board that BLM ordered the operator to conduct complete reclamation during the D RJRFT Subject To Board Approval fall of 1991, however, that work has not been initiated.