ENFORCE34986

• Permit No: M1979181
• IBM Index Class Name: Enforcement
• Doc Date: 3/26/1998
• Doc Name: HARD ROCK EXTRACTION OR PROSPECTING OPERATION PRESENTATION FORM
• Media Type: D
• Archive: No

•
1
MLRB Presentation 2 March 26, 7998
Ruby Trust Mine Permit No. M•79-181
STAFF RECOMMENDATION(S)
Violations-: Find the operator in violation of Section 34-32-117(4)(c)(11) of the Colorado Mined
Land Reclamation Act, 34-32-101 g(;igq., C.R.S. 1973 as amended, revised 7/93, and of Rule
4,2.1(2) of the Hard Rock/Metal Mining Rules and Regulations of the Colorado Mined Land
Reclamation Board, effective 5/77, amended 10/95, for failure to increase the Financial Warranty
from 52,500 to 59,481 within the sixty 160) day period provided by the Act and Rules.
Cease and Desist Order: Issue Cease and Desist Order, prohibiting further mining and/or milling
activities, except for reclamation activities and site maintenance, until Financial Warranty has been
increased to not less than 59,481.
Corrective Action(s): Require the operator to increase the Financial Warranty to not less than
59,481, within sixty (60) days.
Civil P Assess civil penalty in the amount of S50 - 5200 per day for the period of time
fro January 1998 through March 26, 1998, 76 days. Range of possible civil penalty is no less
th n 53,800 an not greater than 515,200.
person who violates any provision of a permit issued under C.R.S. 34-32-101 gt, s~q,. shall
be subject to a civil penalty of not less than 5100 per day, nor more than 51,000 per day for
each day during which such violation occurs. Any operator who operates under a permit
issued under section 34-32-110 shall be subject to a civil penalty of not less than fifty dollars
nor more than two hundred dollars per day for each day during which such violation occurs
(C.R.S. 34-32-12417)1.
SUSPENSION OF CIVIL PENALTIES
The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the
corrective actions, and compliance with the Act and Rules and Regulations.
The Board may also suspend all or a portion of the civil penalty based on the permittee's efforts to
correct the violation(s) prior to the Board hearing. The permittee has completed the following actions
as of 1998, in order to correct the listed potential violation(s):
None completed. However, operator has stated a desire to comply.
BOARD SECTION - TO BE COMPLETED BY THE BOARD
VIOLATIONIS) -FINDINGS OF FACT