2011-12-08_ENFORCEMENT - M1983141

• Permit No: M1983141
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/8/2011
• Doc Name: Findings of Fact, Conclusions of Law and Order.
• From: DRMS
• To: AGC Resources, LLC
• Violation No.: MV2011030
• Email Name: MAC
• Media Type: D
• Archive: No

AGC Resources, LLC
Cash and Who Do Mines, M- 1983 -141
MV- 2011 -030
CONCLUSIONS OF LAW
14. The Board has jurisdiction over this matter pursuant to sections 34 -32-
104 through 107, and 124 of the Colorado Mined Land Reclamation Act, Article 32
of Title 34, C.R.S. (2010) ( "Act ").
15. The Operator failed to minimize disturbance to the prevailing
hydrologic balance of the affected land and the surrounding area and to the quality
and quantity of water in the surface and groundwater systems, in violation of
section 34- 32- 116(7)(g), C.R.S.
16. The Operator failed to comply with applicable federal and state water
quality laws and regulations, including statewide water quality standards and
site - specific classifications and standards adopted by the Water Quality Control
Commission, CDPHE, in violation of Rule 3.1.6 of the Mineral Rules and
Regulations of the Board for Hard Rock, Metal, and Designated Mining
Operations, 2 C.C.R. 407 -1.
17. Operators are required to protect areas outside the affected land from
slides or damage occurring during the mining operation and reclamation. C.R.S.
§ 34- 32- 116(7)(h) (2010). The Operator affected approximately 100 square feet of
land outside of the approved permit boundary, in violation of section 34-32 -
116(7)(h), C.R.S.
18. By failing to submit Annual Water Monitoring Reports, the Operator
failed to comply with the conditions of permit number M- 1983 -141.
19. Section 34- 32- 124(7), C.R.S. provides for a civil penalty of not less than
$50 per day nor more than $200 per day for each day during which a violation
occurs. The Board may impose a penalty based on 49 days of violation (from the
inspection date to the hearing date) at $50 to $200 per day for a civil penalty of
$2,450 to $9,800.
ORDER
The Operator did not appear in this matter to present any mitigating factors.
There is no information before the Board indicating that any action other than the
relief requested is appropriate. Therefore, based on the foregoing, the Board enters
the following order:
The Board finds the Operator in violation of section 34- 32- 116(7)(h), C.R.S.,
for failing to protect areas outside of the affected land from slides or damages
occurring during the mining operation.
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