ENFORCE25102 - Laserfiche WebLink

Home Browse Search

2 HISTORY OF VIOLATIONS a. Any outstanding corrective actions or unpaid civil penalties? Not at the present time. b. History of any and all past violations and timeliness of corrective actions. • MV-2005-009 for mining outside the permit azea -corrective actions in progress • MV-2005-010 for failure to minimize hydrologic balance disturbance -corrective actions in progress • MV-2005-O1 l for failure to salvage and properly store topsoil -corrective actions in progress STAFF RECOMMENDATION (S) Violation(s): Find a violation of the Board Order relating to MV-2005-009 issued on January 21, 2005 for failure to cease and desist all mining activities outside the presently approved permit area. Cease and Desist Order: Recommend a Cease and Desist Order on all mining activities for failure to follow the Board Order relating to MV- 2005-009 issued on January 21, 2005. Corrective Actions(s): Require the operator to adhere to the Board Order relating to MV-2005-009 issued on January 21, 2005. As allowed by CRS 34-32.5-124(6), suspend the permit until such time as the operator has completed, to the Division's satisfaction, the Conversion Application presently under review. Reclamation operations maybe continued only for the purpose of bringing the operation into satisfactory compliance with the provisions of the present permit and temporary sediment control plan. CIVIL PENALTY A person who violates any provision of a Boazd Order issued under C.R.S. 34-32.5-101 et. sec. shall be subject to a civil penalty of not less than $100 per day, nor more than $1,000 per day for each day during which such violation occurs (C.R.S. 34-32.5-124(7)). In this matter, the Board might assess a civil penalty of $4 300.00 to $43,000.00 for 43 days of violation (Inspection date to date of first possible Board Hearing or October 4, 2005 to November 16, 2005) at $100.00 to $1,000.00 per day. SUSPENSION OF CIVIL PENALTIES The Board may suspend all or a portion of the civil penalTy to encourage timely compliance with the corrective actions, as well as compliance with the Act and Rules and Regulations. The Board may also suspend all or a portion of the civil penalty based on the permittee's efforts to correct the violation(s) prior to the Boazd hearing. The permittee has completed the following actions as of February 16, 2006 in order to correct the listed potential violation(s): • Made the Conversion Application CN-Ol complete • Completed the temporary sediment control plan C:\Docwnenis and Setlings\cbmVvly Doavrents\BOard Bems\I,ily Mines Presentation\V[OLFRM Board Order.doc