Laserfiche WebLink
z. <br />HISTORY OF VIOLATIONS <br />a. Any outstanding corrective actions or unpaid civil penalties? <br />• None <br />b. History of any and all past violations and timeliness of corrective actions. <br />Plum Creek Pit (Permit No. M-1951-129) Failure to pay annual fees and submit an annual report (MV-2001- <br />0041. Violation was abated on January 26, 2001. <br />STAFF RECOMMENDATION(S) <br />Violation(s): <br />Failure to perform the reclamation prescribed by the mining and reclamation plan. <br />Cease and Desist Order: None <br />Corrective Actions(s): <br />File a revision to the permit depicting the actual mining and reclamation limits of Pond 3. The operator will need <br />to demonstrate that mining/reclaiming the pit closer than 200 fee[ of the Branter Ditch will no[ cause adverse affects <br />to the stability of the ditch as required in Rule 6.4.19 of the Rules and Regulations. In addition, the revision shall <br />contain any new reclamation limits or the area must be backfilled to the distances established on Exhibit F of AM- <br />001. A technical revision was filed with the Division on April 12, 2002, and is currently under review. <br />CIVIL PENALTY <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. seg shall be subject to a <br />civil penalty of not less than $100 leer day, nor more than $1,000 per day for each day during which such <br />violation occurs (C.R.S. 34-32.5-124(7)). In this matter, the Boazd might assess a civil penalty of 5 600.00 to <br />$56,000.00 for 56 days of violation at $100.00 to $1,000.00 per day. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend al] or a portion of the civil penalty to encourage titnely compliance with the corrective <br />actions, as well as compliance with the Act and Rules and Regulations. <br />The Board may also suspend all or a portion of the civil penalty based on the permittee's efforts to correct the <br />violation(s) prior to the Boazd heazing. The permittee has completed the following actions as of April 24, 2002, <br />in order to corzect the listed potential violation(s): <br />The Operator filed a Technical Revision ("TR-O1") to the Nyholt/Mann Lake Permit addressing [he mining <br />limits and the stability of the Branter Ditch. The operator has been very cooperative during this process. <br />