Laserfiche WebLink
clay, silt, sand or gravel, as that term is defined in the Act, and was therefore engaged in <br />a mining operation. <br />11. Section 34-32.5-109(3), C.R.S. gives the Board the sole authority to issue <br />reclamation permits for mining operations and explicitly separates county land use <br />regulations from an operator's obligations under the Act by placing the burden of <br />complying with all city, town, and county land use requirement on operators. <br />12. The Operator conducted a new mining operation without first obtaining a <br />permit, in violation of section 34-32.5-109(1), C.R.S. Any discussions with Adams <br />County officials could not mitigate or remove Operator's obligation under the Act to obtain <br />a reclamation permit prior to engaging in a mining operation. <br />13. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that any provision of the Act or any notice, permit, or <br />regulation has been violated. The Operator violated section 34-32.5-109(1), C.R.S. by <br />failing to obtain a permit before conducting a new mining operation. <br />14. The Board may impose a civil penalty of not less than $1,000 per day nor <br />more than $5,000 per day for each day during which a violation occurs. § 34-32.5-123(2), <br />C.R.S. (2019). The Board may impose a penalty against the Operator based on 34 days <br />of violation of section 34-32.5-109(1), C.R.S. at $1,000 to $5,000 per day for a civil <br />penalty of $34,000 to $170,000. <br />15. The Board shall also assess a civil penalty for the Division's costs for <br />investigating the alleged violations. § 34-32.5-123(4), C.R.S. (2018). The Board may <br />impose an additional civil penalty for 15 hours of investigation time at $56.64 per hour for <br />a total of $849.60. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />finds the Operator in violation of section 34-32.5-109(1), C.R.S. for failing to obtain a <br />reclamation permit prior to engaging in a new mining operation. <br />The Operator shall CEASE AND DESIST any further mining activities on the <br />affected lands, except those activities approved by the Division, in writing, necessary to <br />comply with the condition of this Order, prevent damage to off-site areas, or to protect <br />health and safety. <br />The Board imposes the following CORRECTIVE ACTION against the Operator: <br />Operator shall, within ninety days of the effective date of this Order, submit to the <br />Division a permit application to obtain a 112c reclamation permit and obtain approval of <br />the application within statutory deadlines. <br />Kelly Trucking, Inc. <br />M-2019-053 <br />MV -2019-031 <br />3 <br />