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. , Bond Forfeiture Rule 3.04.1(1) states that "the Board shall declare all or an appropriate part of a performance bond for any permit as forfeited if the Board determines that any of the following circumstances exist:" One of the circumstances is specified at Rule 3.04.1(c), which states: "The permit has been suspended or revoked, and neither the permittce nor the surety has assumed liability for completion of the reclamation work under a compliance schedule approved under 3.04.1(2)." As discussed above, the permittee has asked that the bond be forfeited. The bond for this site is a cash bond in the amount of $36,000.00, and there is no surety entity involved. The bond is adequate to ensure proper reclamation. The site is stable, and there is no imminent harm situation. We recommend permit revocation and bond forfeiture, so that we may expedite site reclamation. !i - {4 _. - u~a-,F poss~l< ~}~~ We are requesting that the Board consider substantial relief from civil penalty assessment in this case. Typically, civil penalties would be levied by the Division following the issuance of the NOV and CO. This step has not yet occurred. However, in the interest of expediting a final resolution in this case, we are requesting that the Board consider the matter of civil penalty assessment during this hearing. ..__-- , , It is our opinion that Mr. Weaver has complied to the best of his abilities and available means. has conducted reclamation to significantiv reduce the bond liability, but he is unable to proceed any further. ' - - - - - - .- . fit/ e U / ~ Ccv.r e,ivi , a '~,,,~ z vim, ~ Fi SS ~S f ~ ''^T- !)n - P--~ He ~ _~1-,;3 ~c, s ~. ,~. o'~~,lv~ 5 ~/ti n) o - ~~N~tl s~~ _ c, ,. ~n~ ~.u~l l/~ v~~~ ~ Uu~ - -- 1L. -IVIr- V/eaverllas maintained the site to eliminate the hazards associated wltn me - portals, and he has maintained the drainage control system. He has indicated that he would continue to assist as appropriate. n/,~-e ~p /~~~/ Svv'~ ~ I °I $b• Rule 5.03.7(4) states that "unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under 5.04, and of the duration of the suspension of a permit under 5.03.3(3)(b) or 5.03.5(4)(c)." It is our opinion that Mr. Weaver has acted diligently, but that he has reached a point where he is no longer able to comply. We are therefore requesting that We Board consider relief m this case. doss-,_ If penalties are assessed, specific factors must be addressed. These are outlined on the attached Civil Penalty Worksheets.