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ENFORCE26772
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ENFORCE26772
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Entry Properties
Last modified
8/24/2016 7:34:36 PM
Creation date
11/21/2007 11:25:10 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977153
IBM Index Class Name
Enforcement
Doc Date
2/25/2004
Doc Name
Board Order
From
MLRB
To
Denver Water Department
Media Type
D
Archive
No
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prevaiiing hydrologic balance of the affected land and surrounding area, and to the quality <br />and quantity of water in the surface and groundwater systems, both during and after the <br />mining operation and during reclamation. <br />Section 34-32.5-124(2) of the Act provides that if the Board determines that any provision <br />of the Act or of any permit has been violated, it may issue a cease and desist order. <br />9 Section 34-32.5-124(7) of the Act states that a person who violates any provision of a permit <br />"shall be subject to a civil penalty of not less than one hundred dollazs per day nor more <br />than one thousand dollars per day for each day during which a violation occurs." <br />10. Because installation of the slurry wall changed the proposed post-mining land use contained <br />in the approved reclamation plan, it is appropriate that the Board find the Operator in <br />violation of Section 34-32.5-116(1)(2) and (4)(m) of the Act. <br />11. Because installation of a slurry wall around the permitted pit may impact surrounding <br />groundwater levels and neazby septic systems, it is appropriate that the Board find the <br />Operator in violation of Section 34-32.5-116(4)(h) of the Act in that the Operator failed to <br />minimize disturbances to the prevailing hydrologic balance of the affected land and <br />surrounding area, and to the quality and quantity of water in the surface and groundwater <br />systems during mining operations. <br />12. Because the Operator violated the Act, it is appropriate that the Board fine the Operator no <br />less than $100 per day nor more than $1,000 per day of violations pursuant to Section 34- <br />32.5-124(7). The fine should be calculated based on 34 days of violations, beginning on the <br />day of the Division inspection and continuing through the hearing date. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds that <br />the Operator has violated Sections 34-32.5-116(1),(2),(4)(m) and !4)(hl of the Act. The <br />
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