Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2015-011 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY TONY J. BELTRAMO AND <br />SONS, INC., CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL <br />PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO <br />ENGAGING IN A NEW MINING OPERATION, Permit No. M-1998-101 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />July 29, 2015, in Denver, Colorado as a consent agenda item to consider a possible <br />violation by Tony J. Beltramo and Sons, Inc. ("Operator"), cease and desist order, <br />corrective action, and a civil penalty for failing to obtain a reclamation permit <br />before engaging in a new mining operation, permit number M-1998-101. Tyler <br />O'Donnell appeared on behalf of the Division of Reclamation, Mining and Safety <br />("Division"). There were no appearances on behalf of the Operator. <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c reclamation permit for a 160 -acre sand <br />and gravel operation located in Section 21, Township 21 South, Range 64 West, 6th <br />Principal Meridian in Pueblo County, Colorado. The site, located approximately <br />four (4) miles south-southeast of Pueblo, is known as the Cesar Pit. <br />2. On April 24, 2015, the Division conducted a routine monitoring <br />inspection of the site. Gene Harris, representing the Operator, attended the <br />inspection. The Division observed that the Operator has affected approximately 73 <br />acres of the site. The permit allows a maximum disturbed area of 90 acres. During <br />the inspection, the Division could not definitively identify the permit boundary <br />because it could not locate or properly identify some of the permit boundary <br />markers. The Division outlined a portion of the affected area during the inspection <br />using a handheld GPS unit. Following the inspection, the Division created a <br />georeferenced map of the approved permit boundary and compared it with both the <br />Division's field observations and a 2013 U.S. Department of Agriculture National <br />Agriculture Imagery Program aerial image of the site. Using the field observations <br />