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COLORADO <br /> c4o� <br /> 0-.d Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS <br /> Date September 12,2022 Operator I-Curt Arnsush <br /> Permit No. M-1981-287 Site Name Arnusch Gravel Pit#3 <br /> Specialist Eric Scott Objecting Par N/A <br /> Permit Type 110c County Weld <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, Cease and Desist Order, corrective actions and <br /> civil penalties for a possible violation of C.R.S. §34-32-109 et sue., for failure to obtain a reclamation <br /> permit prior to engaging in a new operation(more than 2 acres affected outside of existing permit <br /> boundary). <br /> CHRONOLOGY- <br /> June 14, 2022 — DRMS conducted a routine monitoring inspection and found the operator had affected <br /> area outside of the currently approved permit area. <br /> June 22, 2022 — DRMS returned to the site to collect GPS data to determine the extent of affected area <br /> outside of the currently approved permit area. <br /> July 11, 2022—DRMS sent operator a Reason to Believe a Violation Exists and Notice of Board <br /> Hearing letter for C.R.S. 34-32.5-109(1) for failure to obtain a reclamation permit prior to engaging in a <br /> new operation. Pursuant to 34-32.5-123(2), an operator who mines substantial acreage beyond the <br /> approved permit boundary may be found to be operating without a permit. <br /> August 17, 2022—MLRB continued this item for 60 days at the August 2022 MLRB Hearing. <br /> August 24, 2022—DRMS contacted Mr. Amusch and discussed the nature of the possible violation and <br /> terms of this consent agenda. At this time, DRMS excluded approximately 0.18 acres described by Mr. <br /> Amsush as a"topsoil recovery area"located at the NW corner of the existing permit, from consideration <br /> under this possible violation. <br /> ��OF COO <br /> Fri <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br /> �1876� <br />