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ENFORCE37955
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ENFORCE37955
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Entry Properties
Last modified
8/24/2016 7:46:48 PM
Creation date
11/21/2007 3:50:17 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977534
IBM Index Class Name
Enforcement
Doc Date
9/24/2004
Doc Name
Board Order
From
MLRB
To
DMG
Media Type
D
Archive
No
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9. Because the Operator violated the Act, it is appropriate that the Board issue a cease and <br />desist order prohibiting further operations outside the permitted azea until the mining <br />operation is properly permitted or the site reclaimed. It is appropriate for the Board to order <br />the Operator to undertake corrective actions, namely to obtain approval of a Section 112c <br />permit amendment encompassing at least 0.96 acres of permitted acreage for the newly <br />disturbed area by September 27, 2004. In the alternative, the Operator could remove all <br />material from outside the permitted area, reestablish the permit boundary and reclaim the <br />0.96 acres of stockpile disturbance outside the permitted azea, to the satisfaction of the <br />Division and in consultation with the landowner. <br />10. As mitigating factors, it is appropriate for the Board to consider that this matter came to the <br />attention of the Division as a result of the Operator's self-reporting the violation. <br />Furthermore, on June 17, 2004, the Operator submitted a Section 112c Permit Amendment <br />encompassing 6.92 acres, including the disturbed area. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds that <br />the Operator violated Sections 34-32.5-116(4) ofthe Act and Rule 3.1.5(3) by failing to protect <br />areas outside of the affected land from slides or damage during mining operations. The Board <br />hereby orders the Operator to cease and desist from creating any further stockpile disturbance <br />outside the permitted area. The board hereby orders the Operator to secure approval of a <br />permit amendment to add at least 0.96 acres, including the stockpile disturbance, to the <br />permitted area, such action to be completed before September 27, 2004. The Board declines <br />to issue civil penalties in this matter because of the Operator's actions in reporting the <br />
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