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2023-08-22_ENFORCEMENT - M1981075
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2023-08-22_ENFORCEMENT - M1981075
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Last modified
8/28/2023 8:37:09 AM
Creation date
8/22/2023 12:49:16 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1981075
IBM Index Class Name
Enforcement
Doc Date
8/22/2023
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Blue Mountain Stone, inc.
Violation No.
MV2023007
Email Name
CMM
JPL
JLE
Media Type
D
Archive
No
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ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-109(1), C.R.S., for engaging in a new <br /> mining operation without first obtaining a reclamation permit. <br /> The Operator shall CEASE AND DESIST any further mining activities <br /> beyond the permit boundaries except those activities approved by the Division, in <br /> writing, as necessary to comply with the conditions of a Board Order, prevent <br /> damage to off-site areas, or to protect public health and safety, until the corrective <br /> action has been resolved to the satisfaction of the Division. <br /> The Board imposes the following CORRECTIVE ACTION: The Operator <br /> shall: 1) obtain approval of the current conversion application under review prior to <br /> September 27, 2023, the 365-day time limit for the application; and 2) submit the <br /> appropriate financial warranty amount as determined by the Division during the <br /> review of the conversion application within 60 days of the date the application is <br /> approved. <br /> The Board imposes a CIVIL PENALTY of$50,000. The Board also assesses a <br /> civil penalty to cover costs incurred by the Division in investigating the alleged <br /> violation at a rate of$56.64 per hour for 5 hours, for a penalty of$283.20. <br /> The Board will suspend all but $283.20 of the assessed civil penalties if the <br /> corrective actions cited above are completed to the satisfaction of the Division <br /> within the required deadlines. <br /> If the Operator does not comply with the corrective actions set forth in this <br /> Order, then the suspended civil penalties, $50,000, shall be due and payable. <br /> DONE AND ORDERED this 15 day of August 2023. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> 'r—� /-?. 4v--- <br /> Patrick Ortiz, Chair <br /> Blue Mountain Stone, Inc. <br /> M-1981-075 <br /> MV-2023-007 3 <br />
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