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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 />Date: March 27, 2017 <br />RECEIVED <br />APR 18 2017 <br />DIVISION OF RECLAMATION <br />MININGAND SAFETY <br />STAFF SUMMARY FORM FOR <br />CONSENT AGENDA ITEMS <br />Operator: Colorado Backhoe Service <br />Site Name: The Orr Pit <br />Permit No.: M-2009-074 <br />Permit Type: 1 l Oc <br />Specialist: Elliott Russell <br />Action: Possible Violation of C.R.S. 34-32.5-109(1) <br />Resolution: Colorado Backhoe Service (Operator), concedes to the violation of C.R.S. 34-32.5- <br />109(1), for failing to first obtain a reclamation permit from the Mined Land Reclamation Board before <br />engaging in a new mining operation; and to the Cease -and -Desist Order, Corrective Actions, and Civil <br />Penalties provided herein, for The Orr Pit, Permit No. M-2009-074. <br />Chronology: <br />• March 1, 2017 - DRMS site inspection, report signed and mailed March 23, 2017 <br />• March 23, 2017 - RTB signed and mailed to Operator <br />Reason for Violation: As detailed in the Division's inspection report, signed March 23, 2017, the <br />mining operation has affected approximately 6 acres outside of the approved permit boundary. The <br />Division considers mining more than two acres outside of the approved permit boundary as a violation <br />for mining without a permit and thus the Operator failed to first obtain a reclamation permit from the <br />Mined Land Reclamation Board before engaging in a new mining operation. <br />Staff Recommendation: <br />Violation: Find a violation of C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation <br />permit from the Mined Land Reclamation Board before engaging in a new mining operation. <br />Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further activities at the <br />site, except those activities approved by the Division, in writing, until corrective actions have <br />been resolved to the satisfaction of the Division and the MLRB. <br />of - caro <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.ca.us <br />John W. Hickenlooper, Governor I Robert Randall, Executive Director I Virginia Brannon, Director * t <br />s��rt <br />1876 <br />