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<br /> <br /> <br /> <br /> <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br /> <br />STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS <br /> <br />Action: <br /> Permit Application with Objections <br /> X Violation <br /> Extension of Board-Ordered Deadline <br /> Other (specify): <br /> <br />Resolution: <br /> <br />NATURE OF VIOLATION: <br /> <br />This item is in regard to a Notice of a Possible Violation, corrective actions, a Cease-and-Desist Order, <br />and civil penalties for a possible violation of C.R.S. §34-32.5-101 et seq., and specifically C.R.S. 34- <br />32.5-116(4)(i), for failure to protect areas outside of the affected land from slides or damages occurring <br />during the mining operation, and C.R.S. 34-32.5-116(4)(j), for failure to stabilize and protect all surface <br />areas of the affected land as to effectively control erosion. <br /> <br />CHRONOLOGY: <br /> <br />March 9, 2016 - The Division of Reclamation, Mining and Safety (Division/DRMS) conducted a normal <br />monitoring inspection of the site. The Division cited two possible violations due to observing evidence <br />of uncontrolled erosion to the affected lands and associated damage to off-site lands. <br /> <br />March 25, 2016 - The Division sent the operator a copy of the inspection report and a Reason To <br />Believe letter for failure to protect areas outside of the affected land from slides or damages occurring <br />during the mining operation, and for failure to stabilize and protect all surface areas of the affected land <br />as to effectively control erosion. <br /> <br />REASON FOR VIOLATION: <br /> <br />The Operator failed to protect areas outside of the affected land from slides or damages occurring during <br />the mining operation as required by C.R.S. 34-32.5-116(4)(i) and the Operator failed to stabilize and <br />protect all surface areas of the affected land as to effectively control erosion as required by C.R.S. 34- <br />32.5-116(4)(j). <br /> <br /> <br />Date April 1, 2016 Operator Phillips County <br />Permit No. M-2004-052 Site Name Rafert Pit <br />Specialist Elliott Russell Objecting Party N/A <br />Permit Type 110c Permit Acreage 9.90 <br /> <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor | Robert Randall, Interim-Executive Director | Virginia Brannon, Director