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u� C O L O R A D O RECTIFIED <br /> Division of Reclamation, <br /> o Mining and Safety MAY 2 5 20I6 <br /> Department of Natural Resources FAVISION OF RECLAMATION <br /> 1313 Sherman Street,Room 215 MINING AND SAFETY <br /> Denver,Colorado 80203 <br /> STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS <br /> Date May 5, 2016 Permittee bXMorgan Sand and Gravel Inc. <br /> Permit No. M1977-094 Site Name WestoffPit <br /> Specialist Eric Scott Objecting Par NIA <br /> Permit Type 1 112c Permit Acreage 40.0 <br /> Action: <br /> Permit Application with Objections <br /> X Violation <br /> _ Extension of Board-Ordered Deadline <br /> Other(specify). <br /> Resolution: <br /> A 'ATC:RE OF VIOLA <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 sM., 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. <br /> CHRONOLOGY. <br /> April 14, 2016 - DRMS conducts monitoring inspection of site and notes that the northern boundary <br /> markers are incorrectly placed, and that an approximately 1.65 acre area outside of permitted 40 acres <br /> has been impacted. <br /> April 20, 2016 - DRMS sent the permittee a copy of the inspection report documenting the observed <br /> conditions on-site. <br /> May 5, 2016 DRMS sent the permittee a Reason To Believe letter for failure to protect areas outside of <br /> the affected land from slides or damages occurring during the mining operation. <br /> REASON FOR VIOLATION. <br /> As detailed in the Division's Inspection report and site map signed April 20, 2016, the permitted mining <br /> operation has impacted approximately 1.65 acres outside of the permit boundary. Therefore, the <br /> Permittee failed to protect areas outside of the affected land from slides or damages occurring during the <br /> mining operation as required by C.R.S. 34-32.5-116(4)(i). <br /> �of c�otQ <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 I Robert Randall, Interim-Executive Director I Virginia Brannon,Director <br /> h <br /> 1876 <br />