Strictly handle violations at Len Chua quarry

Proposal to revoke license

Len Chua quarry (Quynh Xuan ward, Hoang Mai town) has had 3 enterprises, including: Thanh Xuan Company Limited, Xuan Hung Company Limited, Xuan Chung Company Limited, licensed by Nghe An Provincial People's Committee to exploit minerals.

In September and October 2017, Nghe An Newspaper published many articles reflecting on violations in mineral exploitation and construction of concrete mixing stations at Len Chua quarry, Quynh Xuan ward, Hoang Mai town. Specifically, the violations were related to mining activities at the quarry exceeding the licensed limit, mining below ground level 0... At the same time, in the Len Chua quarry area, businesses also illegally built 2 concrete mixing stations.

The concrete mixing station of Xuan Hung Company Limited was built illegally. Photo: Nguyen Hung

In fact, the violations of enterprises at Len Chua quarry were discovered by the authorities since the end of 2016. In Official Dispatch No. 4586, the Department of Natural Resources and Environment specifically stated that the enterprises exploiting at Len Chua quarry, Thanh Xuan Company Limited and Xuan Hung Company Limited, had violated the regulations on mineral exploitation beyond the scope of up to 10% of the total height of the permitted exploitation area. On February 8-9, 2017, these two enterprises were administratively fined by the Provincial People's Committee with the amount of 120 million VND/enterprise; the right to use mineral exploitation license was revoked for 2 months; and the environmental restoration of the area that had been exploited beyond the depth was required.

However, by August 2017, only Thanh Xuan Company Limited had complied with the fine payment; had leveled some locations but the leveling volume was insignificant, completely unsatisfactory. Meanwhile, Xuan Hung Company Limited had not complied with the fine payment; had not yet carried out leveling and environmental restoration.

After the press continued to report, these enterprises still did not fully comply and continued to operate concrete mixing stations without a license from the competent authority. On January 23, 2018, the Department of Natural Resources and Environment coordinated with the People's Committee of Hoang Mai town and the People's Committee of Quynh Xuan ward to inspect the results of leveling and environmental restoration, and implement solutions to bring the Len Chua quarry area to a safe state. The inspection showed that the violating enterprises did not comply with the environmental renovation, leveling and restoration according to regulations and the direction of the Provincial People's Committee and the Department of Natural Resources and Environment.

Specifically, for Thanh Xuan Company Limited: "Not completed leveling and environmental restoration, not brought the mining area beyond the mining depth to a safe state according to Decision No. 492 QD-UBND dated February 8, 2017 of the Chairman of the Provincial People's Committee.

The current status of the mine area of ​​Thanh Xuan Company Limited has many locations deeper than the permitted mining depth. Regarding Xuan Hung Company Limited: “The leveling and environmental restoration has not been completed, and the mining area exceeding the mining depth has not been brought to a safe state according to the Decision on administrative violation penalty No. 491/QD-UBND dated February 8, 2017 of the Chairman of the Provincial People's Committee. The current status of the mine area of ​​Xuan Hung Company Limited has less area deeper than the permitted mining depth”.

In the above situation, based on Point b, Clause 2, Article 55 and Point e, Clause 1, Article 58, Law on Minerals, the Department of Natural Resources and Environment requests the People's Committee of Nghe An province to revoke the Mineral Exploitation License No. 5523/GP-UBND dated November 21, 2013 of Thanh Xuan Company Limited and the Mineral Exploitation License No. 62498/GP.UBND dated November 12, 2014 of Xuan Hung Company Limited. The main reason is that these two enterprises have exploited minerals beyond the permitted depth of exploitation and have not completed the remediation of the consequences after 90 days, from October 19, 2017 after receiving the notice of the Provincial People's Committee requesting remediation.

“Legalizing” illegal concrete mixing stations

Not only exploiting minerals beyond the permitted depth, in June 2015, Xuan Hung Company Limited built a commercial concrete mixing station in the northwest area of ​​Len Chua quarry, in block 9, Quynh Xuan ward, Hoang Mai town. The construction area is about 2,500m2, including about 1,000m2 of land within the quarry area that the Provincial People's Committee leased to Xuan Hung Company Limited (all minerals have been exploited - PV) and 1,500m2 of difficult-to-transfer land managed by Quynh Xuan Ward People's Committee.

At this location, Xuan Hung Company Limited has built a commercial concrete mixing station with a capacity of 60m3/hour, including: Operation house, power station, operating line and other auxiliary works... However, through the inspection of the interdisciplinary working group, Xuan Hung Company Limited built the concrete mixing station without having documents and legal procedures on project investment from competent authorities, without a construction permit, without a land allocation decision.

After many years of being exploited beyond the permitted depth, the Len Chua quarry has yet to be leveled and restored. Photo: Nguyen Hung

Then, in August 2017, Xuan Chung Company Limited built another commercial concrete mixing station in the south of Len Chua quarry with an area of ​​about 4,500m2, on difficult-to-allocate land managed by Quynh Xuan Ward People's Committee.

At this location, Xuan Chung Company Limited built a concrete mixing station with a capacity of 120m3/hour, including: Operation house, power station, operating line and other auxiliary works... Like Xuan Hung Company Limited's commercial concrete mixing station, through inspection by functional agencies, it was shown that Xuan Chung Company Limited built a commercial concrete mixing station without documents and legal procedures on project investment from competent authorities, without a construction permit, and without a land allocation decision.

The leader of the Department of Natural Resources and Environment of Hoang Mai town said that, up to this point, the enterprises have not completed the environmental restoration work at Len Chua quarry. The reason given by the enterprises is that there is not enough land to level and restore the environment?! Regarding the two illegally built commercial concrete mixing stations, after implementing the administrative penalty decision, considering that the enterprises have spent a large amount of money on construction, the People's Committee of the town requested the superiors to allow Xuan Chung and Xuan Hung enterprises to prepare investment documents for the concrete mixing station project at the location where the station was located.

Thus, the violations at Len Chua quarry have been occurring for quite a long time. The act of “ignoring” the directives of the locality and the relevant agencies shows the defiance and contempt of the law by enterprises. According to Decree No. 33/ND-CP of the Government on handling violations in the field of mineral resources, if the level of violation is serious, the exploitation outside the licensed boundary with large area and volume, the violating organization or individual will be severely punished.

In addition to being fined, the offender will also be deprived of the right to use the license for a limited period of time; forced to renovate, level, and restore the environment of the illegally exploited area; confiscate all illegally exploited minerals and be forced to return the profits gained from the violation.
Compared with the violations at Len Chua quarry, it is clear that the local authorities in Hoang Mai town have not fulfilled their responsibilities in protecting unexploited minerals and preventing illegal mining and construction activities here.

Therefore, the Provincial People's Committee needs to inspect, clarify and have strict handling measures for organizations and individuals involved in the lax management of construction and mineral management at the Len Chua quarry area.