2012-04-23_ENFORCEMENT - M1994117 ‎(2)‎

• Permit No: M1994117
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 4/23/2012
• Doc Name: Findings of Fact, Conclusions of Law and Order
• From: DRMS
• To: AGC RESOURCES
• Violation No.: MV2011033
• Email Name: MAC
• Media Type: D
• Archive: No

5. On December 21, 2004, the Division conducted an inspection of the site
and found that the historic prospect pits had not been reclaimed and that tailings
continued to be blown from the pond. The tailings constitute acid - forming or toxic -
producing material.
6. On September 12, 2011, the Division sent the Operator a Reason to
Believe a Violation Exists letter which provided notice regarding the alleged
violations and the October 2011 hearing.
7. On September 16, 2011, the Division sent the Operator the August 24,
2011 inspection report.
AGC Resources, LLC
Gold Hill Mill, M -1994 -117
MV- 2011 -033
CONCLUSIONS OF LAW
8. 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 ").
9. The Operator failed to handle acid- forming or toxic- producing material
in a manner that will protect the drainage system from pollution, in violation of
section 34- 32- 116(7)(c), C.R.S.
10. Section 34- 32- 124(7), C.R.S. provides for a civil penalty of not less than
$100 per day nor more than $1,000 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)(c), C.R.S.,
for failing to handle acid - forming or toxic- producing material in a manner that will
protect the drainage system from pollution.
The Board imposes against the Operator the following CORRECTIVE
ACTION: the Operator shall, within 30 days of the effective date of this Order,
submit and obtain approval of a technical revision to permit number M -1994 -117
addressing reclamation of the historic prospect pits and the transport of tailings
from the pond.
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