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<br />BOARD ITEM NO. <br />110(2) PERMITTED MINING OPERATION <br />Presentation Form <br />General Information: RUSSELL GRAVEL PIT <br />Date: April 26,1995 <br />File No.: M-94-096 <br />Operator: Doyle Russell <br />Location: Larimer County <br />Commodity: Sand & Gravel <br />Acreage; approx. 4.5 <br />Specialist: Gary Curtiss <br />Existing Bond: $5,139 <br />Letter of Credit <br />Summary: <br />During the October 20, 1994 Board Hearing, the operator was found <br />in violation of the Act for conducting a mining operation without <br />a permit. Notice of Violation M-94-046 was issued which ordered <br />the operator to obtain an approved permit from the Division within <br />30 days of submittal of a complete 110(2) application. <br />A complete 110(2) application <br />and the Division approved the <br />with bond set at $5,139.00. <br />was received on November 25, 1994 <br />application on December 22, 1994 <br />Due to a death in the immediate family and to improper filing of <br />the bond papers by the bank, properly executed financial and <br />performance warranties were not received until April 14, 1995. <br />The permit issuance date is April 14, 1995. <br />Seriousness: Zones <br />' <br /> D C A <br />B <br />(A) Administrative V iolation, or Some On-Site Damage <br />(B) Little Off-Site Damage, Moderate On-Site Damage, No <br /> Health or Safety Hazard <br />(C) Little Off-Site Damage, Significant On-Site Damage, <br /> and/or Possible Health or Safety Hazard <br />(D) Off-Site Damage, and/or Significant Health or Safety <br /> Hazard <br />History of Violations in Past Twelve Months: 10/20/94 - Violation <br />M-94-046 for mining without a permit. <br />Staff Recommendation: <br />Violation: Either find a violation of C.R.S. 34'-32- <br />124 for failure to comply with a Board <br />Order or change the Board Order to <br />include a revised due date for obtaining <br />the permit. <br />Cease and Desist: None recommended. <br />Corrective Actions: Permit was issued on 4/14/95. <br />Civil Penalty: $3,000.00 to $12,000.00 based on 60 days <br />at $50 to $200 per day. <br />