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<br />-2- <br />of the ruling made by the Board during its September 1993 <br />Meet:ing. <br />The Board discussed the document with Ms. Linden and Staff and <br />made corrections. <br />The Board adopted the Board Order, as revised today. <br />6. FORDfAL PUBLIC HEARING <br />VIRC7INIA CANYON JOINT VENTURE File No. M-79-O11HR <br />Con:3ideration of a possible notice of violation, cease and <br />desi.at order, corrective actions and civil penalties for <br />failure to follow the mine plan and maintain an appropriate <br />financial warranty. <br />Staff presented a copy of an interim Board Order which amended <br />a Board Order issued on July 27, 1993, required the operator <br />to obtain a permit modification by October 20, 1993 and submit <br />a financial warranty within 60 days of amendment approval. <br />The operator submitted a permit amendment, the Division's <br />decision date is November 15, 1993. <br />Staff recommended that a civil penalty could assessed at a <br />rate of $50 to $200 per day for 213 days of violation. <br />Mr. Paul Danio and Ken Widhalm were present on behalf of the <br />operator. Mr. Danio discussed a disagreement with the <br />Division's recommendation for the duration of the possible <br />violation. <br />The Board found the operator in violation for failure to file <br />a reclamation plan for the mill building, issued a cease and <br />desist order, as recommended by Staff, required the operator <br />to submit a reclamation plan for the mill building by December <br />8, 1993 or secure clearance from DOH, and required the <br />operator to post a financial warranty in the amount of <br />$43,254.36 by December 20, 1993. <br />The Board assessed a civil penalty in the amount of $50 per <br />day for 213 days, deferred the payment until December 20, <br />1993, and stated that if at that time all corrective actions <br />have been completed, the civil penalties would be reduced to <br />$2,000. <br />7. FORMAL PUBLIC HEARING <br />INACTIVE MINE RECLAMATION PROGRAM <br />Review of the 1994 Grant request. Staff referenced a package <br />of information forwarded to the Board previously, showed <br />slides and discussed the reclamation projects proposed for <br />1994 in detail. <br />Staff also presented an October 19, 1993 memo to the Board and <br />