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RECEIVED <br /> � COLORADO AUG 102021 <br /> Division of Reclamation, <br /> Mining and Safety <br /> DIVISION OF RECLAMATION <br /> cW*P:1`TryW"``"N.)11,"w ftsoulm MINING AND SAFETY <br /> STAFF SUMMARY FORM FOR CONSENT AGENDA <br /> Date: July 19, 2021 <br /> Operator: Tara Sanders <br /> File No.: M-2021-036 <br /> Permit Type: Possible Illegal <br /> Specialist: Tabetha Lynch <br /> Action: Possible Violation of C.R.S. §34-32.5-109(1) <br /> Resolution: <br /> Tara Sanders (Operator)voluntarily consents to a violation of C.R.S. §34-32.5-109(1), for failing to first <br /> obtain a reclamation permit from the Mined Land Reclamation Board before engaging in a new mining <br /> operation. The Operator also consents to a Cease and Desist Order, Corrective Actions, and Civil <br /> Penalties provided herein, for the Wheeler Creek Pit, File No. M-2021-036. <br /> Chronology: <br /> • May 26, 2021 DRMS receives anonymous citizen compliant regarding an unpermitted <br /> operation occurring in Routt County on property owned by the Operator <br /> • June 8, 2021 DRMS site inspection, report signed and mailed July 7, 2021 <br /> • July 15, 2021 RTB signed and mailed to Operator <br /> Reason for Violation: <br /> As detailed in the Division's inspection report, signed July 7, 2021, the Division investigated the alleged <br /> unpermitted operation and discovered fill material had been hauled off-site from the property owned by <br /> the Operator and was used in a construction project. The Division acquired GPS data during the <br /> inspection and found that approximately 1.89 acres had been affected. Based on discussions with the <br /> Operator during the inspection, the Operator plans to mine an area to create a large flat benched area to <br /> be utilized for a potential structure. <br /> Staff Recommendation: <br /> Violation: Find the Operator in violation of C.R.S. §34-32.5-109(1), for failing to first obtain a <br /> reclamation permit from the Mined Land Reclamation Board before engaging in a new mining <br /> operation. <br /> Cease and Desist Order: Issue a Cease and Desist Order, prohibiting any further activities, <br /> except those activities approved by the Division, in writing, as necessary to comply with the <br /> conditions of a Board Order, prevent damage to off-site areas, complete reclamation, or to <br /> protect public health and safety, until corrective actions have been resolved to the satisfaction of <br /> the Division. <br /> Corrective Action(s): Require the Operator to submit a permit application to include all of the <br /> affected lands disturbed by the mining operation. The Operator shall submit the permit application <br /> 1313 Sherman Street, Room 215, Denver,CO 80203 P 303.866.3567 F 303.832.8106 http://cotorado.gov/DRMS <br /> Jared Polis,Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director , <br />