|
<br />Minutes, May 23-24, 1990 PAGE 10
<br />an unstable condition. On November 7, 1989, the Division again sent
<br />the operator a Reason to Believe Letter, scheduling the matter for a
<br />notice of violation hearing at the December 1989 Board Meeting. On
<br />December 9, 1989, prior to the Board Meeting, the operator contacted
<br />the Division by telephone and stated that he had recently been to the
<br />site and had accomplished the on-the-ground work. Also, on that day,
<br />the Division contacted BLM and they verified that the work had been
<br />completed.
<br />On December 14, 1989, the violation hearing was held. At that time,
<br />the Board found a violation for failure to minimize impacts to the
<br />hydrologic balance and failure to follow the mine plan. The Board
<br />ordered the operator to submit a complete amendment to revise the
<br />mining and reclamation plans for the mine and mill site by February 1,
<br />1990. The Board had also accessed a civil penalty in the amount of
<br />E10,200, to be paid by January 18, 1990, and stated that if corrective
<br />actions were completed by February 1, 1990, E8,200 of the civil penalty
<br />would be suspended.
<br />On December 30, 1989, the Division sent the operator a 60-day
<br />notification that their 850 annual fee was due by March 24, 1990. On
<br />February 1, 1990, the Divis ion received a reconsideration request from
<br />the operator, and that was heard at the February 21, 1990, Board
<br />Meeting. At that time, the Board declined to reconsider the notice of
<br />violation. On idarch 24, 1990, the Division notified the operator that
<br />the 850 annual fee was due, in addition to a E50 civil penalty and
<br />notice of violation being automatically issued for failure to meet the
<br />annual fee deadline. On March 26, 1990, the Division sent a letter to
<br />the operator requesting that they complete the amendment as soon as
<br />possible. On March lb, 1990, an amendment was submitted, and on March
<br />30, 1990, the Division notified the operator that the amendment was
<br />inadequate and incomplete. There was no further correspondence from
<br />the operator, and on May 5, 1990, the Division notified the operator of
<br />today's hearing.
<br />Staff stated that to date the operator owes the State a E50 annual fee,
<br />E50 civil penalty, 510,200 civil penalty, and the Division still does
<br />not have a complete amended mining and reclamation plan.
<br />Staff recommended that the Board forfeit the E5 ,000 financial warranty,
<br />revoke the permit and ask that the Attorney General proceed to obtain
<br />additional funds for site reclamation. Staff showed slides EXHIBIT A -
<br />and further discussed the disturbances at the site.
<br />It was MOVED that the Board revoke the permit for Abana Corporation
<br />(M-Bb-1~`forfeit the financial warranty and request the Attorney
<br />General to investigate securing additional funds, as needed, for
<br />accomplishing the reclamation. SECONDED AND PASSED 5 for
<br />(Kraeger-Rovey, Cooley, O'Connor, Jouflas and Entz); abstention
<br />(Donald).
<br />
|