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2015-09-24_ENFORCEMENT - M1991082
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2015-09-24_ENFORCEMENT - M1991082
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Last modified
8/24/2016 6:10:55 PM
Creation date
9/25/2015 9:44:10 AM
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Template:
DRMS Permit Index
Permit No
M1991082
IBM Index Class Name
ENFORCEMENT
Doc Date
9/24/2015
Doc Name
Findings of Fact, Conclusions of Law & Order
From
DRMS
To
Estate of Frank Laughrey
Violation No.
MV2015023
Email Name
TC1
WHE
Media Type
D
Archive
No
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CONCLUSIONS OF LAW <br />15. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2014) ("Act"). <br />16. Section 34-32.5-117(4)(c)(II), C.R.S. and Rule 4.2.1(2) Mineral Rules <br />and Regulations of the Colorado Mined Land Reclamation Board for the <br />Extraction of Construction Materials requires operators to post additional <br />financial warranty within sixty (60) days from the date of written notice of <br />adjustment from the Division. <br />17. By failing to post additional financial warranty within sixty (60) days <br />from the date of the Division's written notice of adjustment, the Operator is in <br />violation of section 34-32.5-117(4)(c)(II), C.R.S. and Rule 4.2.1(2). <br />18. The Board may issue a cease and desist order if it determines that <br />any provision of the Act was violated. C.R.S. § 34-32.5-124(2) (2014). The <br />Operator is in violation of section 34-32.5-117(4)(c)(II), C.R.S. of the Act. <br />19. The Board may impose a civil penalty of not less than $100 per day <br />nor more than $1,000 per day for each day during which a violation occurs. C.R.S. <br />§ 34-32.5-124(7) (2014). Here, the Board may impose a penalty based on forty-one <br />(41) days of violation (from the July 16, 2015 Reason to Believe letter to the <br />August 26, 2015 Board hearing) at $100 to $1,000 per day for a civil penalty of <br />$4,100.00 to $41,000.00. <br />D 1 __ <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of section 34-32.5-117(4)(c)(II),C.R.S. for failing to post <br />additional financial warranty within sixty (60) days from the date of the Division's <br />written notice of adjustment. <br />The Operator shall CEASE AND DESIST any further mining activities, <br />except those activities approved by the Division in writing and necessary to comply <br />with the conditions of this Order, prevent damage to off-site areas, or to protect <br />human health and safety, until the Operator has complied with the Corrective <br />Actions set forth in this Order. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall, within thirty (30) days of the effective date of this <br />Estate of Frank Laughrey <br />Tiger Timber Site, M-1991-082 <br />MV -2015-023 <br />3 <br />
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