2013-10-09_ENFORCEMENT - M2000067

• Permit No: M2000067
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/9/2013
• Doc Name: Findings of Fact, Conclusions of Law and Order
• From: DRMS
• To: Beavers Construction Co.
• Violation No.: MV2013030
• Email Name: DMC
• Email Name: GRM
• Media Type: D
• Archive: No

5. The Operator failed to post additional financial warranty by July 12,
2013 or at any time since.
6. On July 15, 2013, the Division sent the Operator a Reason to Believe a
Violation Exists letter. The Division's letter provided notice regarding the alleged
violations and information about the September 18, 2013 hearing.
CONCLUSIONS OF LAW
7. The Board has jurisdiction over this matter pursuant to the Colorado
Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of
Title 34, C.R.S. (2013) ( "Act ").
8. Under section 34- 32.5- 117(4)(b)(I), C.R.S. and Rule 4.2.1(1) and (4) of
the Mineral Rules and Regulations of the Board ( "Rules "), every operator must
maintain a financial warranty sufficient to assure completion of reclamation of
affected lands. The current financial warranty for permit number M- 2000 -067,
$17,000, is insufficient to assure reclamation of the site. The Operator failed to
maintain a sufficient financial warranty in violation of section 34- 32.5- 117(4)(b)(I),
C.R.S. and Rules 4.2.1(1) and (4).
9. Under section 34- 32.5- 117(4)(c)(II), C.R.S. and Rule 4.2.1(2), every
operator has sixty days after the date of notice of an adjustment to fulfill new
financial warranty requirements. The Operator failed to fulfill new financial
warranty requirements within sixty days of the notice of an adjustment, in violation
of section 34- 32.5- 117(4)(c)(II), C.R.S. and Rules 4.2.1(2).
10. The Board may issue a cease and desist order when it determines that
a provision of the Act has been violated. C.R.S. § 34 -32.5- 124(2) (2013). The
Operator violated section 34- 32.5- 117(4)(b)(I) and (c)(II), C.R.S.
11. The Board may impose 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. C.R.S. § 34-
32.5- 124(7) (2013). Here, the Board may impose a penalty based on 33 days of
violation (from the deadline to post the additional financial warranty to the date of
the Board's August 14, 2013 hearing) for a civil penalty of $3,300 to $33,000.
ORDER
Based on the foregoing findings of fact and conclusions of law, the Board
finds the Operator in violation of section 34- 32.5- 117(4)(b)(I) and (4)(c)(II), C.R.S.
for failing to maintain, and failing to fulfill new requirements to maintain, a
sufficient financial warranty.
Beavers Construction Company/High Mesa Gravel, LLC
High Mesa Gravel Pit, M- 2000 -067
MV- 2013 -030
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