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2023-11-06_ENFORCEMENT - M2023031
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2023-11-06_ENFORCEMENT - M2023031
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Entry Properties
Last modified
11/29/2023 7:47:36 AM
Creation date
11/6/2023 10:00:27 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2023031
IBM Index Class Name
Enforcement
Doc Date
11/6/2023
Doc Name
Reason to Believe a Violation Exists - Notice
From
DRMS
To
Michael Brown
Email Name
MAC
GRM
ERR
CMM
Media Type
D
Archive
No
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FILE#:M-2023-031 <br /> INSPECTOR'S INITIALS:ERR <br /> INSPECTION DATE:October 30,2023 <br /> C.R.S. 34-32.5-103(13) defines a "mining operation" as the development or extraction of a construction <br /> material from its natural occurrences on affected land. The term includes, but is not limited to, open mining and <br /> surface operations. C.R.S. 34-32.5-103(3) defines a"construction material" as rock, clay, silt, sand, gravel, <br /> limestone, dimension stone, marble or shale extracted for use in the production of nonmetallic construction <br /> products. C.R.S. 34-32.5-103(1) defines "Affected Land" as the surface of an area within the state where a <br /> mining operation is being or will be conducted, which surface is disturbed as a result of an operation. Affected <br /> lands include, but shall not be limited to, private ways,roads (except those roads that were constructed for <br /> purposes unrelated to the operation that were in existence before a permit application was filed with the office, <br /> and will not be substantially upgraded to support the operation); land excavations, explorations sites, drill sites <br /> or working, refuse banks or spoil piles, evaporation or settling ponds, work, parking, storage, or waste discharge <br /> areas, and areas in which structures, facilities, equipment, machines, tools or other materials or property that <br /> result from or are used in such operations are situated. Given these definitions, the excavation created by Mr. <br /> Brown is considered to be a mining operation and the land that has been disturbed is considered Affected Land. <br /> Therefore, a reclamation permit will need to be obtained. This issue is cited as a possible violation at the <br /> beginning of this report. Details regarding this enforcement action will be sent under a separate cover. <br /> This concludes the Division's Inspection Report; a subset of photographs taken during the inspection are <br /> included below. For any additional information or questions, please contact me at Division of Reclamation, <br /> Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-866-3567 x8132, <br /> or by email at elliott.russell@state.co.us. <br /> PHOTOGRAPHS <br /> AW <br /> !'I <br /> -"� ,:�'a.nCt��"..�.*7"y,,. r i'+v].,,,��• 4 - ,'_�/. i,.r i �3;4 4'� �:'`� -4 •- <br /> q <br /> yfi <br /> w� '. a �•� r; 1�•z \ <��� <br /> W7/may <br /> Photo 1. Overview of excavation area; looking north. <br /> Page 3 of 6 <br />
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