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1 <br /> COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver,Colorado 80203 <br /> STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS <br /> Date March 23, 2017 Permittee Bestway Concrete Company <br /> Permit No. M1983-090 Site Name LaPoudre Sand & Gravel Pit <br /> Specialist Eric Scott Objecting Part N/A <br /> Permit Type 112c Permit Acreage 246.2 <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 sue., and specifically C.R.S. 34- <br /> 32.5-109(l), for failure to first obtain a reclamation permit from the board or office before engaging in a <br /> new mining operation. <br /> CHRONOLOGY.- <br /> March 15, 2017 - DRMS conducts monitoring inspection of site and notes that the northern boundary <br /> markers are missing/incorrectly placed, and that approximately 28.4 acres outside of permitted 246.2 <br /> acres has been impacted. <br /> March 21, 2017 - DRMS sent the permittee a copy of the inspection report documenting the observed <br /> conditions on-site. <br /> March 21, 2017—DRMS sent the permittee a Reason To Believe letter for failure to first obtain a <br /> reclamation permit from the board or office before engaging in a new mining operation. <br /> REASON FOR VIOLATION. <br /> As detailed in the Division's Inspection report and site map signed March 21, 2017, the permitted <br /> mining operation has impacted approximately 28.4 acres outside of the permit boundary. Pursuant to <br /> C.R.S. § 34-32.5-123(2) an operator who mines substantial acreage beyond the approved permit <br /> boundary may be found to be operating without a permit. Therefore, DRMS considers that the Permittee <br /> failed to first obtain a reclamation permit from the board or office before engaging in a new mining <br /> operation as required by C.R.S. 34-32.5-109(l). <br /> o__gat <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mimng.state.co.us <br /> John W. Hlckenlooper, Governor I Robert Randall, Interim-Executive Director Virginia Brannon, Director <br />