Laserfiche WebLink
4. The Division mailed Operator the inspection report on January 7, 2016. <br /> 5. The Division holds a financial warranty for the site in the amount of <br /> $137,000. <br /> 6. On February 23, 2016, the Division mailed Operator a Notice of <br /> Outstanding Corrective Action letter and extended the deadline for completing the <br /> corrective action cited in the January 7, 2016 inspection report to March 14, 2016. <br /> 7. On April 19, 2016, the Division mailed a Reason to Believe a Violation <br /> Exists letter and Notice of Board Hearing to Operator, citing the potential violation <br /> as the failure to obtain a reclamation permit from the Board or the Division prior to <br /> engaging in a new operation on the basis that Operator affected more than two <br /> acres beyond the permit boundary. <br /> 8. On May 5, 2016, Operator admitted the violation and agreed to the <br /> Division's recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 9. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials ("Act"), Article <br /> 32.5 of Title 34, C.R.S. <br /> 10. Pursuant to section 34-32.5-123(2), C.R.S., an operator who mines <br /> substantial acreage beyond an approved permit boundary may be found to be <br /> operating without a permit. The Division and the Board consider mining more <br /> than two acres beyond a permit boundary to constitute "substantial acreage." The <br /> Operator affected approximately 16.3 acres outside the permit boundary. <br /> 11. Before engaging in a new mining operation, an operator must first <br /> obtain a reclamation permit from the Board or the Division. C.R.S. § 34-32.5- <br /> 109(1) (2015). By affecting more than two acres beyond the permit boundary, <br /> Operator has engaged in a new mining operation without first obtaining a <br /> reclamation permit, in violation of section 34-32.5-109(1), C.R.S. <br /> 12. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br /> and desist order if it determines that a provision of the Act has been violated. <br /> Operator violated section 34-32.5-109(1), C.R.S. <br /> 13. Pursuant to section 34-32.5-123(2), C.R.S. the Board may impose a civil <br /> penalty of not less than $1,000 per day nor more than $5,000 per day for each day <br /> during which a permit violation of mining without a permit occurs. The Board may <br /> impose a civil penalty against the Operator based on thirty-seven days of violation <br /> Arkins Park Stone Corporation <br /> Arkins Park Quarries/M-1985-212 <br /> MV-2016-031 2 <br />