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~~ ~ <br />~, <br />(o <br />Item 9'( Colo. Mktg. Assoc. Possible NOV 83-89 <br />Reccommendations: <br />The Division reccommends that the Board find violation for failure to comply <br />with permit requirements as per C.R.S. 34-32-124(1) in that, <br />1. Disturbance is approximately 14 acres, which exceeds the permitted 9.9 i <br />acres. <br />2. Approximately 10,000 yd3 of wasterock/overburden has been stockpiled <br />along the upper banks of East Plum Creek. This is not a permitted structure <br />and appears to be outside of the permit boundary. <br />3. A portion of the topsoil stockpile (or what looks to be suitable growth <br />medium) is located on the north side of the permit area. This stockpile has <br />been excavated into and appears to have been used as fill and not for the <br />replacement of topsoil. Topsoil stockpile is located south and apparently <br />outside of the permit boundary. The Division believes that topsoil stockpiles <br />are not adequately stabilized and may have been mishandled. <br />4. An area was excavated outside of the permit boundary and has created a <br />small pond area. This is not a permitted activity. <br />5. Much junk, trash, old equipment and concrete rubble are on the site. <br />C&D /Corrective Action: The Division reccommends that the Board impose a <br />cease & desist order for any mining activity on the site. The Division <br />further reccommends as corrective action that the Board require the operator <br />to submit a aer~e#e 112 application and that a 112 permit to be issued <br />within 120 days. ~-wi+k:,~„'~~clawl~ <br />Civil Penalty: 1 <br />The board could impose a civil penalty from the time the site was inspected <br />until the present. 64 days at $50 to $200 ($3200 to $12,800) <br />P.C. Saletta 5/20/85 <br />DOC 0596 <br />