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2023-06-08_ENFORCEMENT - M2021068
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2023-06-08_ENFORCEMENT - M2021068
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Last modified
6/12/2023 8:34:27 PM
Creation date
6/12/2023 9:49:40 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2021068
IBM Index Class Name
Enforcement
Doc Date
6/8/2023
Doc Name
Penalty Payment
From
Joe Forster
To
DRMS
Violation No.
MV2022004
Email Name
BFB
MAC
AWA
Media Type
D
Archive
No
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Jack D.Tabb,LLC <br /> Page 2 of 3 <br /> May 31,2023 <br /> October 10,2022—May 1,2023—The operator requested several decision date extensions. <br /> Current decision date is June 30,2023. <br /> REASON FOR REQUEST. <br /> During the permit application review process,the Operator purchased adjoining properties to <br /> address right of entry issues noted in the August 29,2022 adequacy letter. The Operator would <br /> like to incorporate the newly purchased land into the permit area. The inclusion of the additional <br /> land would exceed the 10 acre limit of a 110(d)permit. Therefore,the Operator and the Division <br /> staff concur that a modification of the required corrective action is appropriate. <br /> STAFF RECOMMENDATION. <br /> Corrective Action(s): <br /> Require the Operator to submit an appropriate reclamation permit application to incorporate all <br /> current and proposed affected land. The Operator shall submit the new permit application within <br /> 90 days of the mailing date of the modified Board Order,with all material in an approvable form <br /> within statutory timeframes. <br /> Civil Penalty: <br /> Pursuant to C.R.S. § 34-32-123(3),the Board imposed a civil penalty of$50.00 per day of <br /> violation for 70 days, for a civil penalty amount of$3,500.00 with all but$500.00 suspended if <br /> the Operator complies with the corrective actions by the corrective action deadline. <br /> If the Operator does not comply with the corrective actions set forth in the modified Order,then <br /> the suspended penalties,$3,000.00,shall be due and payable. Failure to submit any due and <br /> unpaid civil penalties shall result in immediate submittal of such penalties to State collections. <br /> Operator's Notarized Signature: As an authorized representative of the Operator, I hereby <br /> attest that the Operator concedes to the above described corrective actions and agrees to comply <br /> with the Corrective Action,and Civil Penalty proposed in this STAFF SUMMARY FORM FOR <br /> CONSENT AGENDA ITEMS. <br /> Signed and date this T1 day of , <br /> perator <br />
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