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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Depa,trnent of Na-ural Resources <br /> 1313 Sherman Street,Room 215 <br /> Denver,Colorado 80203 <br /> STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS <br /> Date April 11, 2019 Permittee Bestway Concrete and Aggregate <br /> Permit No. M2002-120 Site Name Bernhardt Resource <br /> Specialist Eric Scott Objecting Par N/A <br /> Permit Type 112c Permit Acreage 286.14 <br /> Action: <br /> Permit Application with Objections <br /> X Violation <br /> Extension of Board-Ordered Deadline <br /> Other (specify): <br /> Resolution: <br /> NATURE OF VIOLATION: <br /> This item is in regard to a Notice of a Possible Violation, corrective actions, a Cease-and-Desist Order, <br /> and civil penalties for a possible violation of C.R.S. 34-32.5-116(4)(i), for failure to protect areas outside <br /> of the affected land from slides or damages occurring during the mining operation. <br /> CHRONOLOGY.- <br /> February 19, 2019 - DRMS conducts monitoring inspection of site and notes that the south central <br /> boundary markers are missing/incorrectly placed, and that approximately 1 acre outside of permitted <br /> 286.14 acres has been impacted by a product conveyor crossing. <br /> February 25, 2019 - DRMS sent the permittee a copy of the inspection report documenting the observed <br /> conditions on-site. <br /> March 2019—Operator sends a survey of the area in question documenting the conveyor crossing <br /> outside of the permitted area dated March 14, 2109 <br /> April 4, 2019—DRMS sent the permittee a Reason To Believe letter for failure to protect areas outside <br /> of the affected land from slides or damages occurring during the mining operation. <br /> REASON FOR VIOLATION. <br /> As detailed in the Division's Inspection report and site map signed February 25, 2019, and confirmed by <br /> a survey conducted by the permittee, the permitted mining operation has impacted approximately 1 acre <br /> outside of the permit boundary. Therefore, DRMS considers this is a violation of C.R.S. 34-32.5- <br /> 116(4)(i), for failure to protect areas outside of the affected land from slides or damages occurring <br /> during the mining operation. <br /> pF _COl�, <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mimng.state.co.us <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director # <br /> * 18 76".. <br />