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2017-09-19_ENFORCEMENT - M1986074
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2017-09-19_ENFORCEMENT - M1986074
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Last modified
1/1/2021 7:41:23 PM
Creation date
9/19/2017 2:01:15 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1986074
IBM Index Class Name
ENFORCEMENT
Doc Date
9/19/2017
Doc Name
Board (MLRB) Order
From
DRMS
To
Kym Schure
Violation No.
MV2017046
Email Name
JLE
WHE
Media Type
D
Archive
No
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DRMS Re-OCR
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Signifies Re-OCR Process Performed
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based on thirty-seven days of violation (from the July 17, 2017 letter to the August 23, <br /> 2017 Board meeting) at $100 to $l,000 per day for a civil penalty of$3,700 to $37,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board hereby <br /> finds Kym A. Schure in violation of Rule 6.4.14 for failure to maintain a legal right to <br /> enter and initiate a mining operation, and pursuant to section 34-32.5-124(1), C.R.S.for <br /> failing to comply with the conditions of a permit or regulation. <br /> The Operator shall CEASE AND DESIST any further activity all lands where the <br /> surface is owned by Deborah Hradecky or her successor,with the exception of the 25- <br /> yard sand and gravel reserve area described in the Correction Deed. <br /> The Board imposes the following CORRECTIVE ACTION against the Operator: <br /> Operator shall: <br /> A_ obtain legal right to enter and conduct mining and/or reclamation <br /> operations on the 2.89-acre area where the surface is owned by Deborah <br /> Hradecky or her successor; and <br /> B. demonstrate to the Division his legal right to enter said property in <br /> accordance with Rule 6.4.14 within 6o days of the effective date of <br /> this Order. <br /> The Board imposes a CIVIL PENALTY for 37 days of violation at $too per day for <br /> a civil penalty of$3,700 pursuant to section 34-32.5-124(7), C.R.S. All of the civil <br /> penalty is suspended if the Operator complies with the corrective action in the time <br /> specified. Failure to timely complete the corrective actions shall result in the suspended <br /> portion of the civil penalty, $3,700, becoming immediately effective and due. Failure to <br /> timely submit due and unpaid civil penalties shall result in immediate submittal of such <br /> penalties to State collections. <br /> DONE AND ORDERED this. I 1�1' day of -S lets -L p 2017. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jo Singletary, Chair <br /> NOTICE OF APPEAL RIGHTS <br /> Kym A. Schure <br /> M-1g86-o74 <br /> MV-2017-046 5 <br />
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