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�0 <br /> © COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> REVISED STAFF SUMMARY FORM FOR CONSENT AGENDA <br /> Date: September 1, 2021 <br /> Operator: Bruce Newell <br /> File No.: M-2021-025 <br /> Permit Type: Possible Illegal <br /> Specialist: Elliott Russell <br /> Action: Possible Violation of C.R.S. §34-32.5-109(l) <br /> Resolution: <br /> Bruce Newell (Operator) voluntarily consents to a violation of C.R.S. §34-32.5-109(1), for failing to <br /> first obtain a reclamation permit from the Mined Land Reclamation Board before engaging in a new <br /> mining operation. The Operator also consents to a Cease and Desist Order, Corrective Actions, and Civil <br /> Penalties provided herein, for the Wellington Cattle Borrow Pit, File No. M-2021-2025. <br /> Chronology: <br /> • April 20, 2021 DRMS receives anonymous citizen compliant regarding an unpermitted <br /> operation occurring in Teller County on property owned by the Operator <br /> • May 20, 2021 DRMS site inspection, report signed and mailed June 15, 2021 <br /> • June 15, 2021 RTB signed and mailed to Operator <br /> Reason for Violation: <br /> As detailed in the Division's inspection report, signed June 15, 2021, the Division investigated the <br /> alleged unpermitted operation and discovered borrow material had been hauled off-site from the <br /> property owned by the Operator and was used in construction projects. The Division acquired GPS data <br /> during the inspection and found that approximately 0.92 acres had been affected. Based on discussions <br /> with the Operator during the inspection, the Operator plans to mine an area approximately 2.3 acres in <br /> size to create large flat area used facilitate his cattle ranching activities. <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://colorado.gov/DRMS I r v <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br /> Ih7V, <br />