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\. <br />~~~N~3 ~ M <br />~2' <br />MINERALS PROGRAM Agenda Item No. 22 <br />Prospecting, 110 Permits & 110 Unpermitted Sites <br />~~~ s Possible Violation/Civil Penalty <br />~~ ~ Presentation Form <br />COJ'rtGp Go <br />ufeo~ -F~'' p ~refGM-~c~raw <br />NOTE: All Division exhibits should be marked prior to the hearing. A list of Division <br />exhibits with identifying marks should be prepared for the record and given to <br />the Board's secretary at the hearing. Division exhibits should then be made a <br />part of the permit file. <br />General Information <br />File No.: M-92-054 <br />Operator: C & J Gravel Products <br />Pine River <br />Cattle Company, <br />E. Earl Hickam <br />Nature and Duration of Violation <br />Mining without a permit <br />December 7, 1991 to May 28, 1992 <br />Seriousness <br />Serious D C B <br />Fault <br />Willful Gross negligence <br />STAFF RECOMMENDATION <br />Date: May 28, 1992 <br />Commodity: Gravel <br />Acreage: 3-4 acres <br />Specialist: Larry Oehler <br />Location: 8 miles south <br />A Insignificant <br />Negligent No-fault <br />of Ignacio, CO <br />Violation: Find C & J Gravel Products to be in a violation of C.R.S. <br />34-32-109 for operating without a Mining and Reclamation Permit. <br />Cease and Desist: Issue a Cease and Desist Order to C & J Gravel Products <br />prohibiting further activity in the area until a permit for reclamation~o <br />is obtained. <br />Corrective Action: Order C & J Gravel Products to obtain by t49'~a , <br />Limited Impact 110(2) Permit for Reclamation Only of the disturbed area, and ~~ <br />that the reclamation work be completed by May 1, 199 Q <br />~! .bfai~!~~ <br />ivil Penalty: Order a Civil Penalty of $7,800.00 based on the maximum of 60~p~ ~ 3l ) ~~ <br />days of violation at 3130.00 per day. The Division recommends that one half ~ <br />( of the civil penalty be suspended contingent upon e-ti <br />/CP sperified-a~ea~e. The unsuspended portion of the civil penalty is to <br />~~ be paid within 30 days of the date of the Board Order with the balance of the <br />civil penalty due by 1992, if the ~ eb. <br />~ LDO/ b T~IY 31 Pet+..~ ~o h•7'obtain¢ `y Tkmf date <br />y~ ~ B <br />r9 ® ' <br />3284E Z ~~3I00 ~'q® <br />~~ a/ <br />