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2 <br />June 14, 2005 -Board Order issued: <br />Deadline for completion of corrective actions extended for 120 days to November 17, 2005 provided the operator: <br />o Pursues a 112 reclamation permit <br />o Perfects access to the affected lands <br />o Controls silt deposits in Taylor Gulch (according to the temporary sediment control plan) <br />Division to inspect site prior to the August Board meeting and provide an update to the Boazd at that time <br />August 31, 2005 -Board Order issued (the temporary, Boazd Ordered, sediment control plan required completion of the <br />plan by no later than August 31, 2005): <br />• Deadline for completion of the temporary sediment control plan extended to September 30, 2005 <br />December 5, 2005 -Operator requested extension for completion of corrective actions, Board Order issued: <br />Deadline for submittal of a complete 112 application extended to April 1, 2006 <br />PROBLEM: Other Board Ordered due dates not addressed. <br />STAFF RECOMMENDATION (S) <br />The DMG staff suggests modification of the December 5, 2005 Boazd Order to include the following two points: <br />• All previous and unaddressed corrective actions be extended to June 30, 2006. Corrective actions include <br />obtaining a 112 Permit which is adequate according to the Division. This includes posting sufficient bond so that <br />the permit can be issued. <br />• The unsuspended portions of Civil Penalties found in Board Orders signed January 21, 2005 in the amount of <br />$I 1,100.00 (MV-2005-009 = $10,000.00; MV-2005-010 = $1,000.00; MV-2005-011 = $100.00) will be due and <br />payable within 30 days from the mailing date of this modified Boazd Order. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of these civil penalties in response to timely compliance with the corrective actions, <br />as well as compliance with the Act and Rules and Regulations. <br />The Board may also suspend all or a portion of these civil penalties based on the permittee's efforts to correct the <br />violation(s). The permittee has completed the following actions as of February 16, 2006 in order to correct the listed <br />potential violation(s): <br />• Made the Conversion Application CN-Ol complete <br />• Completed the temporary sediment control plan <br />C:\D000ments and Se\tingcbbm\My Documents\BOard Ite~\Lily Mures Presentation\VIOLFRM Modify 12 5 2005 Board ONer.doc <br />