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ENFORCE24370
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ENFORCE24370
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Entry Properties
Last modified
8/24/2016 7:33:12 PM
Creation date
11/21/2007 10:41:55 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1987028
IBM Index Class Name
Enforcement
Doc Date
7/13/2007
Doc Name
Board Order
From
MLRB
To
DRMS
Violation No.
MV2006007
Media Type
D
Archive
No
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the approved permit boundaries (MV-2005-009), failure to minimize hydrologic impacts to <br />the hydrologic balance (MV-2005-010), and failure to salvage and segregate topsoil (MV- <br />2005-011). In four sepazate orders, the Board assessed civil penalties, issued cease and <br />desist orders preventing further mining activities outside of the permitted boundaries and <br />ordered the Operator to undertake corrective actions. <br />4. In October 2005, a Division inspector conducted an inspection of the site and observed that <br />the Operator had disturbed approximately .75 acres outside the approved permit boundaries <br />by clearing trees, building an access road and conducting blasting activities. In addition, a <br />waste dump had been extended and additional trees were cleared in apparent preparation for <br />extending the waste dump further. <br />5. In February 2006, the Board held a hearing to consider possible violations of the Act based <br />on the October 2005 inspection. The Board found a violation of Section 34-32.5-124(6) of <br />the Act for failing to abide by the terms of a Board cease and desist order, which prohibited <br />the Operator from conducting activities outside the approved permit boundaries. The Board <br />suspended the Operator's permit until the Operator completed its permit conversion <br />application, including the posting of an adequate reclamation bond. The Boazd assessed <br />$43,000.00 in fines, with all but $10,000.00 suspended if the Operator complied in a timely <br />manner with Board-ordered corrective actions. <br />6. The Operator requested, and received, numerous extensions for the Board-ordered <br />corrective actions. <br />7. The Operator has now completed the Board-ordered corrective actions. The Operator <br />obtained Division approval of a conversion application on May 9, 2007. The Operator paid <br />outstanding civil penalties totaling $12,516.00 assessed from the December 2004 Board <br />Colo. Marble Reconsideration, M-1987-028 <br />
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