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2023-08-22_ENFORCEMENT - M1977170
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2023-08-22_ENFORCEMENT - M1977170
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Last modified
9/5/2023 9:01:56 AM
Creation date
8/22/2023 1:14:46 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977170
IBM Index Class Name
Enforcement
Doc Date
8/22/2023
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Charles Keller - Butala Construction Company
Email Name
CMM
LJW
THM
Media Type
D
Archive
No
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29. Within 30 days of the date of the signed agreement, Butala shall submit, as a <br /> Technical Revision to the Permit, a stratified sampling and analysis plan of all <br /> stockpiles present on site to determine the presence of contaminated materials, <br /> to be reviewed and approved by the Division. The results of the sampling plan <br /> shall be included in the Permit Amendment. The Technical Revision should also <br /> include information regarding the logistics and execution of the survey to <br /> accurately assess the MRA, the Buffer Area as well as affected acreage and <br /> current state of the mining operations. This Technical Revision shall adhere to <br /> all statutory deadlines. <br /> 30. Within 90 days of the date of the signed Board Order, Butala will submit a <br /> complete and reviewable Permit Amendment officially filing the Declaration, <br /> including the updated survey information and results of the stratified sampling <br /> of the stockpiles. The Amendment Shall also address changes to the surface <br /> water control plan, Storm Water Control PIan and all operations that report to <br /> the surface water discharge point in order to achieve their permitted effluent <br /> limits and minimize the effects of the prevailing hydrologic balance. The <br /> Amendment shall comply with C.R.S. § 34-32.5-112(7) and shall adhere to all <br /> statutory deadlines. <br /> 31. Butala will provide the Division with copies of the approved final AOC and <br /> SOW, any proposed work plans submitted to EPA under the AOC and SOW, and <br /> the results of all sampling required by the SOW. Work plans and sampling <br /> reports shall be submitted to DRMS at the same time they are submitted to the <br /> Agencies. The terms and conditions of the final AOC and SOW will be <br /> incorporated into Butala's Permit as the final documents become available, <br /> which may be after the Permit Amendment is issued. <br /> 32. Within 60 days of the effective date of the Board Order, Butala will submit an <br /> interim Financial Warranty increase of$312,882 to ensure a total Financial <br /> Warranty of not less than $458,245.00. <br /> 33. The Parties agree to the issuance of a Cease-and-Desist order prohibiting all <br /> operations on site including further excavation and processing of new materials <br /> until the Operator makes specific operational requests to the Division and <br /> written approval is provided from DRMS prior to any initiation of mining <br /> operations by Butala. Butala may make such requests at any time after the <br /> issuance of the Board Order and may undertake the requested operations only <br /> 6 <br />
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