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5 <br /> ,� RECF "li'" <br /> ,^ DNR COLORADO <br /> CO Division of Reclamation, ✓JUN 13 2016 <br /> Mining and Safety <br /> Department of Natural Resources DIVISION 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 June 9, 2016 Operator Asphalt Specialties Co., Inc. <br /> File No. ,/M-2015-030 Site Name Chavers Mining Resource <br /> Specialist Eric Scott Objecting Party N/A <br /> Permit Type N/A no permit Permit Acreage N/A no permit <br /> Action: <br /> Permit Application with Objections <br /> X Violation <br /> Extension of Board-Ordered Deadline <br /> Other(specify): <br /> Resolution: <br /> NATURE OF VIOLATION: <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 /> 32.5-109(1), for failure to obtain a reclamation permit prior to engaging in a new operation. <br /> CHRONOLOGY: <br /> May 27, 2016 - The Division of Reclamation, Mining and Safety(Division/DRMS) while in the field <br /> during the performance of normal duties observed and documented that mining activity had commenced <br /> at the site prior to a permit being approved or issued. <br /> June 3, 2016 - The Division sent the operator a copy of the inspection report and a Reason To Believe <br /> letter for failure to obtain a reclamation permit prior to engaging in a new operation. <br /> June 6, 2016—The operator waived their right to 30 day notice in order to bring the matter before the <br /> June 22, 2016 MLRB Hearing. <br /> REASON FOR VIOLATION: <br /> The Operator failed to obtain a reclamation permit prior to engaging in a new operation as required by <br /> C.R.S. 34-32.5-109(1). <br /> oF'co\ <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us is/ <br /> 640'' <br /> John W. Hickenlooper, Governor I Robert Randall, Interim-Executive Director I Virginia Brannon, Director *.T; r c' <br /> 1876 <br />