Laserfiche WebLink
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 at the <br /> site, except those activities approved by the Division, in writing, as necessary to <br /> comply with the conditions of a Board Order, prevent damage to off-site areas, <br /> complete reclamation, or to protect public health and safety, until corrective actions <br /> have been resolved to the satisfaction of the Division. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTION. The Operator shall, within 90 days of the effective date of the Board's <br /> Order, submit a 110c reclamation permit application to include all the affected <br /> acreage to date associated with the borrow area, with all material in approvable <br /> form within statutory deadlines. <br /> The Board imposes a CIVIL PENALTY for 50 days of violation at $1,000 per <br /> day for a total civil penalty of$50,000. The Board also assesses a civil penalty to <br /> cover costs incurred by the Division in investigating the alleged violation at a rate <br /> of$56.64 per hour for 16 hours, for a penalty of$906. The Board will suspend all <br /> but $1,906 of the $51,906 assessed civil penalty, if the corrective actions cited above <br /> are completed to the satisfaction of the Division within the required deadlines. The <br /> portion of the civil penalty not suspended, $1,906, shall be due and payable within <br /> thirty days of the effective date of this Order. <br /> If the Operator does not comply with the corrective actions set forth in this <br /> Order, then the suspended civil penalties, $49,000, shall be due and payable. <br /> DONE AND ORDERED this 8th day of August 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jil elson, Chair <br /> Twin Buttes Land Co., LLC <br /> M-2023-038 <br /> 3 <br />