2006-04-06_ENFORCEMENT - M1978208 ‎(7)‎

• Permit No: M1978208
• IBM Index Class Name: Enforcement
• Doc Date: 4/6/2006
• Doc Name: Board Order
• From: MLRB
• To: Aspen Enterprises
• Media Type: D
• Archive: No

outside the approved boundaries, it is appropriate for the Boazd to find the Operator in
violation of Section 34-32.5-116(4)(1) of the Act.
9. Because the evidence shows the Operator violated Section 34-32.5-116(4)(1) of the Act by
disturbing areas outside the approved permit boundary, it is appropriate for the Board to
assess civil penalties of not less than $100.00 per day nor more than $1,000.00 per day for
each day the land has been affected. It is reasonable to assess civil penalties based on a
period beginning on the date the Operator self reported (February 2, 2006) through the date
of the Boazd hearing (February 16, 2006), or a total of 15 days.
10. Because the Operator violated the Act, it is appropriate for the Boazd to issue a cease and
desist order pursuant to Section 34-32.5-124(2) of the Act prohibiting further mining and
mining-related activities, except reclamation, outside of the permitted area. It is appropriate
for the Board to order that such mining-related activities be prohibited until the off-site azea
is included in an approved reclamation plan. It is appropriate for the Board to order the
Operator to undertake corrective actions, namely to submit a complete pennit amendment
within ninety (90) days of the signature date of this Boazd order. The permit amendment
should include, at a minimum, (a) a stability assessment prepazed by a professional engineer
demonstrating an acceptable maximum slope and bench/highwall configuration, and (b) a
mining and reclamation plan covering the already disturbed area plus any azea intended for
future mining and reclamation. It is also reasonable to require the Operator to post a
financial wazranty in the amount of $35,000.00 within sixty (60) days of the signature date
of this Board order.
11. As mitigating factors, it is appropriate for the Boazd to consider that this matter came to the
attention of the Division because the Operator self-reported this violation.
Aspen Enterprises NOV
February 16, 2006