2017-09-19_ENFORCEMENT - M1986074

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the 25 yards north of the entire southern boundary line of the above described property together with the rights of access thereto. All sand and gravel rights,that the Seller has outside the 25 yards north of the entire southern boundary line of the above described property are conveyed to the Buyer[.] 14. Operator failed to maintain a legal right to enter and conduct mining and reclamation operations on a 2.89-acre portion of the permit area. 15. At the August 23, 2017 hearing, Mr. Schure testified that he has unsuccessfully attempted to secure a ratification of his legal right to enter from Mrs. Hradecky. 16. At the August 23, 2017 hearing, Mr. Schure testified that he has not entered nor conducted mining operations on the 2.89-acre portion of the permit area. CONCLUSIONS OF LAW 17. The Board has jurisdiction over this matter pursuant to the Colorado Land Reclamation Act for the Extraction of Construction Materials,Article 32.5 of Title 34, C.R.S. (2o16) ("Act"). 18. Rule 6.4.14 of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials ("Rules") requires operators to provide"[t]he source of the Operator's/Applicant's legal right to enter and initiate a mining operation on the affected land." Operator's failure to maintain a legal right to enter and initiate a mining operation on the site constitutes a violation of Rule 6.4.14. 19. Pursuant to section 34-32.5-124(1), C.R.S.the Board may require corrective action if it determines that a permit or regulation has been violated. The Operator's failure to maintain a legal right to enter and initiate a mining operation on the permit area constitutes a violation of Rule 6.4.14. 20. Operator's violation of Rule 6.4.14 constitutes a violation of his performance warranty,which is part of the permit. 21. Pursuant to section 34-32.5-124(7), C.R.S. the Board may issue a cease and desist order if it determines that a provision of the Act or Rules has been violated. The Operator's failure to maintain a legal right to enter and initiate a mining operation on the site constitutes a violation of Rule 6.4.14. Operator has never entered or initiated a mining operation on the site. 22. Pursuant to section 34-32.5-124(7), C.R.S.the Board may impose a civil penalty of not less than$1oo per day nor more than $1,000 per day for each day during which the violation occurs. The Board may impose a civil penalty against the Operator Kyrn A. Schure M-1986-074 MV-2017-046 4