2019-06-17_PERMIT FILE - M2019035

• Permit No: M2019035
• IBM Index Class Name: Permit File
• Doc Date: 6/17/2019
• Doc Name: Application
• From: Martinez Western Constructors
• To: DRMS
• Email Name: ACY
• Media Type: D
• Archive: No

ORDER
Based on the foregoing findings of fact and conclusions of law, the Board
finds the Operator in violation of section 34-32.5-124, C.R.S. for failing to comply
with the conditions of the August 2018 Order.
The Board affirms the cease and desist order issued in the August 2018
Order. Martinez Western Constructors shall CEASE AND DESIST any further
activities on the affected lands, except those activities approved in writing by the
Division, necessary to comply with the conditions of the Board's Order, prevent
damage to off-site areas, or protect the public health and safety.
The Board imposes the following CORRECTIVE ACTIONS against the
Operator:
(1) Within thirty days of the effective date of this order, the Operator shall
file a new application for a 110c permit and associated fee, and obtain
approval and issuance within thirty days of the filing date for reclamation
only activities; and
(2) Within thirty days of the effective date of this order, the Operator shall
submit to the Division an appropriately executed interim financial
warranty totaling $6,339, as necessary to address the existing reclamation
liability. As part of the review process of the 110c application, the Division
shall adjust the amount of financial warranty according to the conditions
of the approved reclamation plan.
The Board affirms and continues the outstanding CIVIL PENALTY assessed
for violation MV-2018-022, in the amount of$58,000. All of the civil penalty is
suspended if Operator complies with the corrective actions contained in this order
in the time specified.
DONE AND ORDERED this day of_l�t _ 2019.
FOR THE COLORADO MINED LAND
RECLAMA IO B ARD
—7
Forrest Luke, Chair
Martinez Western Constructors
M-2018-018
M V-2019-009 3