Laserfiche WebLink
:.:fi`''r>: _ .~ ~~ <br />;~, .-,~ <br />`, ~: , ;: <br />' " fined Land Reclamation Board -3- Ianuary 16, 1996 <br />adequate to ensure proper reclamation. The site is stable, and there is no nnminent harm situation. <br />We recommend permit revocation and bond forfeiture, so that we may expedite site reclamation. <br />Civil Penalty Assessment <br />We are requesting that the Board consider substantial relief from civil penalty assessment in this <br />case. Typically, civil penalties would be levied by the Division following the issuance of the NOV <br />and CO. This step has not yet occurred. However, in the interest of expediting a fmal resolution <br />in this case, we are requesting that the Board consider the matter of civil penalty assessment during <br />this hearing. <br />It is our opinion that Mr. Weaver has complied to the best of his abilities and available means. He <br />has conducted reclamation to significantly reduce the bond liability, but he is unable to proceed <br />any further. Mr. Weaver has maintained the site to eliminate the hazards associated with the <br />portals, and he has maintained the drainage control system. He has indicated that he would <br />continue to assist as appropriate. <br />Rule 5.03.7(4) states that "unless caused by Ltck of diligence, inability to comply may be <br />considered only in mitigation of the amount of civil penalty under 5.04, and of the duration of the <br />suspension of a permit under 5.03.3(3)(b) or 5.03.5(4)(c)," It is our opinion that Mr. Weaver has <br />acted diligently, but that he has reached a point where he is no longer able to comply. We are <br />therefore requesting that the Board consider relief in this case. <br />If penalties are assessed, specific factors must be addressed. These are outlined on the attached <br />Civil Penalty Worksheets, <br />DABlbjw <br />attachments <br />i~sonxo.ons <br />