Laserfiche WebLink
CONCLUSIONS OF LAW <br /> 11. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br /> Title 34, C.R.S. (2011) ("Act"). <br /> 12. The Act states: "Every operator to whom a permit is issued pursuant <br /> to this article shall perform the reclamation prescribed by the reclamation plan <br /> adopted pursuant to this section." § 34.32.5-116(1), C.R.S. (2011). The Operator <br /> stockpiled approximately 400,000 cubic yards of excavated shale on the site. This <br /> activity was not prescribed in the approved reclamation plan. In addition, the <br /> Operator constructed or allowed the construction of a municipal water treatment <br /> facility within the permit area. This activity was not prescribed in the approved <br /> reclamation plan. <br /> 13. Under section 34-32.5-116(4)(j), C.R.S. and Rule 3.1.6(3) of the <br /> Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br /> the Extraction of Construction Materials ("Rule" or "Rules"), operators are <br /> required to stabilize and protect all surface areas of the affected land to control <br /> erosion. The Operator failed to protect or stabilize shale that was excavated and <br /> stockpiled on the site without approval. <br /> 14. Section 34-32.5-116(4)(g), C.R.S. states: <br /> Where it is necessary to remove overburden to mine the construction <br /> material, topsoil shall be removed and segregated from other spoil. If <br /> such topsoil is not replaced on a backfill area within a period of time short <br /> enough to avoid deterioration of the topsoil, vegetative cover or other <br /> means shall be employed so that such topsoil is preserved from wind and <br /> water erosion, remains free from contamination, and is in a usable <br /> condition for sustaining vegetation when restored during reclamation. <br /> The Operator failed to salvage topsoil prior to stockpiling shale on the site. <br /> 15. Under section 34-32.5-117(2), C.R.S., operators are required to provide <br /> a performance warranty. By violating provisions of the Act, the Operator has failed <br /> to comply with the terms of its signed performance warranty. <br /> 16. Pursuant to section 34-32.5-124(2), C.R.S., upon the Board's finding <br /> that an operator violated or failed to comply with the conditions of an order, permit, <br /> or regulation, the Board may issue a cease and desist order. <br /> 17. Section 34-32.5-124(7), C.R.S. provides for a civil penalty of not less than <br /> $100 per day nor more than $1,000 per day for each day during which an operator <br /> Asphalt Specialties Co., Inc. <br /> M-2004-009 <br /> MV-2012-020 3 <br />