Laserfiche WebLink
2 <br />b. History of any and all past violations and timeliness of corrective actions. <br />• MV-2005-009 for mining outside the permit area -corrective actions in progress <br />• MV-2005-010 for failure to minimize hydrologic balance disturbance -corrective actions in progress <br />• MV-2005-011 for failure to salvage and properly store topsoil -corrective actions in progress <br />STAFF RECOMMENDATION (S) <br />Violation(s): <br />Find a violation of C.R.S. 34-32.5-116(4)(1) and (j), Rules 3.1.5(3) and the temporary sediment control plan for <br />failure to protect areas outside of the affected land from damage occurring during the mining operation, failure to <br />stabilize and protect all surface areas so as to effectively control erosion, and failure to maintain the required silt <br />fencing azound and the water control berm at the top of the waste pile. <br />Cease and Desist Order <br />Recommend a Cease and Desist Order for failure to maintain the required silt fencing azound and the water control <br />berm at the top of the waste pile. <br />Con•ective Actions(s): <br />Require the operator to adhere to the temporary sediment control plan submitted by the operator on June 9, 2005 <br />and modified in response to DMG comments on June 13, 2005. <br />Cease and desist from all further placement of waste material outside the present pernut boundary until the <br />Conversion Application CN-Ol is approved by the DMG and adequate bond is posted to complete the application <br />approval. <br />CIVIL PENALTY <br />A person who violates any provision of a Board Order issued under C.R.S. 34-32.5-101 et. sec .. shall be subject to a civil <br />penalty of not less than $100 per day, nor more than $1,000 per day for each day during which such violation occurs <br />(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 <br />violation (Inspection date to date of first possible Board Hearing or October 4, 2005 to November 16, 2005) at 100.00 to <br />$1,000.00 per day. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective actions, as <br />well as compliance with the Act and Rules and Regulations. <br />The Boazd may also suspend all or a portion of the civil penalty based on the pennittee's efforts to correct the violation(s) <br />prior to the Board hearing. The permittee has completed the following actions as of February 16, 2006 in order to correct <br />the listed potential violation(s): <br />• Made the Conversion Application CN-O1 complete <br />• Completed the temporary sediment control plan <br />C:\DOnu~rents and Settings\cbmUly DocwrenGS\BOard Ilrns\Lity Mmes Presrn'ztlon\VIOLFRM.Erosion and Sed Conwl.doc <br />