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M1finruea ?rmrscrim-!u~?R. 1999 • Pne 67 civil penalties or unpaid civil penalties or corrective actions. Staff would recommend [hat the Board find a violation of C.R.S. 34-32.5-109(1) for mining without a permit. Cease and desist order, since a cease and desist was issued, the Division would like to see that cease and desist confirmed by the Board and, again, except for reclamation activities, that the operator cannot cause any more disturbances there until the violation, if the Board finds a violation, is abated. Corrective actions, staff recommep¢s that the operator obtain a 110 permit by September 27th, 1999, or if a decision is made to make [his a bigge - an-l0-acre site, then a 112 extraction permit by January 24th, the year 2000. Also, the staff would recommend that the landowner/operator post an interim band of $5,000 by August the 27th. 1999. !ai[~'I The civil penalty portion of this, the staff time of 15 hours 1 spent on the project al a cost of57.93 per hour. The staff time then amount would be $568.95. The Board, if they find a violation, has the option of assessing a civil penalty of not less than $1,000 per day nor more than $5,000 per day for each day [he land has been affected. In this case, the Division would recommend the Board find 41 days of violation at $1,000 per /day, total civil penalty of $41,568.95. However, since a cease and desist was issued and the ~~ (~ operator/landownerhos abided by that cease and desist order, staff feels that aone-day civil penalty and staff time would be appropriate in this instance, and so the staffwould recommend that $40,000 of that civil penalty be suspended, assuming that the corrective actions the Board requires are completed by the noted corrective action dates. That's [he presentation. MR. PAULIN: Any questions of Mr. Dillie? Seeing none, tassume -- MR. DILLIE: This is Mr. Evan Melby, yes. MR. PAULBY: Go ahead if you have something further to add. MR. MELBY: First of all, I didn't know that a mining permit was required there. Bought the land about seven years ago. The pit's been there for 25 to 30 years. When 1 bought the property, I bought it from Tom Purvis. He said that him,~d the~ounty uses [he pit. ~~ Cos[illa County is one of theterestc unties in the state. I do -- in the subdivision, I do about 70 percent of their roads for them. They come up once in a while and -- but I use [his pit for din, they use the pit for din and gravel, and I let them use it at no charge. They usually ask me. Again, I didn't know that [was supposed to have a permit. I'm sorry about that. Cordova, who put this complaint against me, I -- people come to me to put in septic tanks and et cetera, et cetera, driveways, and I asked him if he wanted to put in the septic tanks. He said absolutely, so I turned him over -- my clients to him to put in the septic tanks and I was going to do the driveways, and he came and asked for some dirt from the driveway -- I mean, from the pi[, and I said, "Sure," and he said, "How much," and he's a bar owner, so I said, "A six-pack of beer." And a few days later, he --you know, we gat into a little argument, so he hands me a check for $300. I said, "What's this for?" He says, "For the sand and gravel that I used out of your pit." So that's where he says thai yes, I sell sand and gravel, and he is the one that had the check. He handed it to me. I understand that there's a perm t~ I -- absolutely. I have all the work done, and f will follow all the rules and regulations. And my stupidity, I understand, is -- might not be forgiven,'but I will at that time pay the penalties or anything else that I have to do to continue. I'll continue giving the County, once 1 get a permit, the -- all they need, everything they need For the roads and we'll continue on that way. I put in several driveways, yes, two of the people that work for me, and I gave it to them free, and out of the several that he's talking about, two of them were free. I am now putting lava rock on [he druiveways instead of gravel. So what we do need is the sand to build up the roads, and the County needs it too,>~1ttJ will get a permit. ~'' MR. PAULIN: Any question of Mr. Melby? MR. STARNER: The County never informed you that you had to have a permit? MR. MELBY: No. Maybe they thought I had one, [don't know, but Tom Purvis, the man [hat owned it before me, he said the County -- this is -- when I went up to look at it and he said, "This is the pit that we use here for [he roads, the County uses it too." And, again, I say it's my fault for not following through and Finding permits, but it never, never once entered my mind. MR. PAULiN: Any more questions? We'll close testimony. What are your wishes? Sounds to me like staff recommendation was trying to be liberal and sounds to me like Mr. Melby wants to comply. I think that's why we should follow the staff recommendation. MS. KRAEGER-ROVEY: Okay. I'll move the staff recommendation. MR. JANOSEC: Second.