2014-12-23_ENFORCEMENT - M2004009

• Permit No: M2004009
• IBM Index Class Name: Enforcement
• Doc Date: 12/23/2014
• Doc Name: Findings of Fact, Conclusions of Law and Order
• From: DRMS
• To: Asphalt Specialties
• Email Name: ECS
• Email Name: TAK
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
IN THE MATTER OF ASPHALT SPECIALTIES CO., INC., File No. M-2004-009
THIS MATTER came before the Mined Land Reclamation Board ("Board") on
December 18, 2014, in Denver, Colorado as a consent agenda matter to consider the
Division of Reclamation, Mining, and Safety ("Division") and Asphalt Specialties Co.,
Inc. ("Operator") Stipulated Agreement to Establish Corrective Action Deadlines for
Stabilization of Spoil Piles ("Agreement").
The Board, having considered the Agreement and being otherwise informed,
approves the provisions of the Agreement and orders:
1. Asphalt Specialties Co., Inc.'s failure to comply with all requirements
and timeframes specified in the Agreement and this Order constitutes failure to
comply with a Board order and is grounds for any or all of the following: (a) an
immediate enforcement hearing for the finding of a violation of the Colorado Land
Reclamation Act for the Extraction of Construction Materials and the Mineral
Rules and Regulations of the Board for the Extraction of Construction Materials;
(b) assessment of civil penalties; (c) issuance of a cease and desist order;
(d) suspension or revocation of the Operator's permit number M-2004-009; and
(e) a finding that the financial warranty is subject to forfeiture.
2. The Operator is in violation of: (a) section 34-32.5-117(2), C.R.S. for
failure to comply with the terms of the Operator's performance warranty; (b) section
34-32.5-116(4)(j), C.R.S. for failure to stabilize and protect areas of affected land
from erosion; and (c) section 34-32.5-124, C.R.S. for failure to comply with the
conditions of the permit.
3. On or before January 31, 2015, the Operator shall post an increased
bond with the in the amount of$32,000 to cover the estimated cost of grading and
seeding the shale stockpiles that were the result of unpermitted construction.
Timely posting of the increased bond amount does not preclude the Division from
pursuing final permit revocation and financial warranty forfeiture should the
Operator fail to comply with the terms of the Agreement, this Order, or any
outstanding corrective action as ordered by the Board.
4. The Operator shall, no later than May 1, 2015, complete the
Stabilization Work, which was approved as part of the AMO2 amendment to the
permit and described in the September 23, 2014 and November 6, 2014 Inspection