2012-12-24_ENFORCEMENT - M2000041 (2)

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6. On December 10, 2012,the Operator submitted a Technical Revision to incorporate the additional 35-acre disturbance, change to the mining plan, reclamation plan, and revise the reclamation cost estimate. CONCLUSIONS OF LAW 7. 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. (2011) ("Act"). 8. Section 34-32.5-116(1), C.R.S. requires every permitted operator to perform the reclamation prescribed by the reclamation plan. The Operator increased the affected area by approximately 35 acres beyond the area allowed under the permit and failed to revise the permit to allow the increase in the size of the area to be unreclaimed, as required by section 34-32.5- 112(1)(c)(VII), C.R.S. The Operator failed to perform reclamation prescribed by the reclamation plan for permit number M-200-041, in violation of section 34-32.5-116(1), C.R.S. 9. Under section 34-32.5-117(4)(b)(I), C.R.S.,every operator must maintain a financial warranty sufficient to assure completion of reclamation of affected lands. The current financial warranty for permit number M-200-041 is insufficient to assure reclamation of the current affected area of approximately 115 acres. The Operator failed to maintain a sufficient financial warranty in violation of section 34-32.5-117(4)(b)(I), C.R.S. 10. The Board may impose a civil penalty of not less than$100 per day nor more than $1,000 per day for each day during which a violation occurs. C.R.S. § 34-32.5-124(7) (2012). Here, the Board may impose a penalty based on 34 days of violation (from the date the Reason to Believe a Violation Exists letter was mailed to the December 12, 2012 hearing) at$100 to $1,000 per day for a civil penalty of$3,400 to $34,000. ORDER Based on the foregoing findings of fact and conclusions of law, the Board finds the Operator in violation of section 34-32.5-116(1), C.R.S. for failing to perform reclamation prescribed by the reclamation plan for permit number M-200-041. Based on the foregoing findings of fact and conclusions of law,the Board finds the Operator in violation of section 34-32.5-117(4)(b)(I), C.R.S. for failing to maintain a sufficient financial warranty. The Board imposes against the Operator the following CORRECTIVE ACTION: the Operator shall,by January 7, 2013, obtain approval of a Technical Revision to incorporate the additional 35-acre disturbance, changes to the mining plan,reclamation plan, and revised reclamation cost estimate. Fremont Paving& RediMix, Inc. Evans#2 Pit, M-2000-041 MV-2012-033 2