2012-12-28_ENFORCEMENT - M2012044 (2)

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Violation No. MV-2012-034 FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION BY COOLEY & SONS EXCAVATING, INC.,CEASE AND DESIST ORDER, CORRECTIVE ACTIONS,AND CIVIL PENALTIES FOR MINING WITHOUT A RECLAMATION PERMIT, FILE NO. M-2012-044 THIS MATTER came before the Mined Land Reclamation Board ("Board") on December 12, 2012 in Denver, Colorado for a hearing to consider the possible violation by Cooley& Sons Excavating, Inc. ("Operator"), cease and desist order, corrective actions, and civil penalties for mining without a permit,file number M-2012-044. James Cooley appeared on behalf of the Operator. The landowner of the site at issue, Brady Stagner, appeared on his own behalf. Wally Erickson appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). The Board, having considered the parties' presentations and having been otherwise fully informed of the facts in the matter, hereby enters the following: FINDINGS OF FACT • 1. On September 24, 2012, the Office received email correspondence from the Conejos County Land Use Administrator, Linda DeHerrera, alleging a possible unpermitted mining activity operated by James Cooley of Cooley& Sons and located on lands owned by Brady and Amanda Stagner. The complaint included photographs describing the excavation activity, location information, and driving directions to the site. 2. On October 1, 2012, the Division inspected the site. The site,known as the Sanford School Pit, located at 15004 CR 20 in Section 9, Township 34 North, Range 10 East, N.M. P.M., Conejos County. The landowner of the excavation site (Brady Stagner),the Operator(James Cooley), the project consultant (Joe Gagliano), the Conejos County Land Use Administrator(Linda DeHerrera), and Conejos County Code Enforcement (Don Martinez)were present for the inspection. 3. During the inspection,the Division found that the Operator had extracted approximately 5,701 cubic yards of material from the site. During the inspection, Mr. Stagner stated that the excavated material was donated to the Sanford School District and utilized as fill material in the construction of a new school. Mr. Stagner stated that he had not received compensation for the extracted materials. 4. At the conclusion of the inspection, at the new school location,the Operator indicated that he held the contract for preparing the construction site, including placing fill materials and demolition of the portions of the existing school buildings. The Operator also stated that he complied with a Conejos County order to cease excavation activities at the Sanford School Pit and had begun importing material from a permitted operation.