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.I ~ • <br />Agenda Item No. 6 999 <br />Colorado Mktg. Assoc. M-83-89 <br />Site is located approx. 5 mi. south of Castle Rock. <br />Purpose of this hearing is to yN~'1!'tder a notice of violati~q; cease and + <br />~esisl:=order asd civic penals:ie's°= The Board found violation, imposed a cease <br />fill desist order an assesed a civil penalty of $12,800 at the May '85 meeting. <br />The Division will recommend that the Board still find violation, lift the <br />cease and desist and reassess a civil penalty.//~~ <br />Tw~~rt {„ m •e tQeiin+f r ev u,'/e,nx.~r ~CkS ? v-3 z-~z Y c7~ <br />On May 23, 1985, the Board found violation fors Tn -F~io~: 0 <br />-1.) Mining outside the permit boundary. <br />2.) Construction of a 10000 cu.yd. unpermitted waste rock pile. <br />3.) Mishandling of topspoil. <br />4.) Excavating a wet pit outside of the PB. <br />b.) Leaving much junk, trash,old equip and concrete rubble on the site. <br />The Board imposed a cease and desist order for further mining at the site. <br />and ordered corrective action requiring the operator to submit a 112 app. <br />The Board also assessed a CP fo 64 days of violation at $200 per day totalling <br />$12,800. <br />The Division recommends: <br />1•.) That the Board find violation as originally recommended. <br />2.) That tF~~ C&D order be lifted since Asphalt Paving has submitted a 5.0. to <br />transfer the~49'9 acre acre permit and has also submitted a 112 app. The S.O. <br />will be heard today as Item no. 17. The app. will be heard in September. <br />3:) The Division recommends that the Board reassess the civil penalty ;or- ~;,c <br />64 days. The penalty can be assessed between $50 and $200 perday. <br />Mr. Smythe is here today to present information to the Bd concerning this <br />matter. If the Board so desires we are prepared to show slides pertaining to <br />the violationb. <br />Ag. # 17 Colorado Mktg. Assoc. File 83-89 <br />~,0~ s been submitted to transfer the original 9.9 acre permit to <br />Aspli~Ti;~aving Co. A Perf. Warr. and a $5000 Fin. Warr. ha~3been submitted <br />and is in order. T with the stipulation that <br />the existing $5000 F.W. previousl submitted by Colo Mktg. not be released <br />until the Asphalt Paving 112"p'~i~l'E1vi~a4i~p~~i98ueda1ld unti=i-all~6P <br />¢~„~rubt 6q,~„,.Mkiwg.....ei~p~:A~id~aa~.u11. <br />ban~z-d..~ <br />ZlsoT= <br />