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C <br />UNPERMITTED MINING OR PROSPECT <br />Presentation Form <br />General Information: <br />Nature and Duration of Violation: <br />• III IIIIIIIIIIIIIIII <br />999 <br />OPERATION <br />Commodity: Sand and Grav <br />Acreage: 5 (disturbed) <br />Specialist: Bob Oswald <br />Existing Bond: n/a <br />Operator was found to be mining this site without a MLRB permit, <br />though one is required pursuant to CRS 34-32-109. There are approx <br />5 acres disturbed. Duration ie from date of inspection (7/7/95) <br />until present, a total of 47 days. <br />(The "operator" in this case may be determined to be Mr Rudy <br />Rudibaugh, the landowner who gave permission to mine this site, or <br />Mr Warren Wilcox, manager of the company conducting the mining <br />itself.) <br /> <br />seriousness: Zones <br />0-2 Acres 2.1-9.9 Acres 10+ Acres <br />$3,000 $9,000 $60,000 <br />History of Violations in Past Twelve Months: none <br />Staff Recommendation: ~~ J $0(~ ('a~~ ~~'~ , <br />7 Violation: erato should be found in violation for mining <br />without a permit, pursuant to the statute cited above, 34-32-109. <br />7, Cease and Desist: Operator should cease and desist all mining- <br />related activity at the Bite, with the exception that equipment and <br />stockpiles may be removed, until a permit is obtained for this <br />site. <br />7, Corrective Actions: Operator should obtain the appropriate permit <br />for this site. For a 110 or reclamation-only permit, application <br />must be submitted within 60 days (by 10/23/95) and approved within <br />60 days of submittal (by 12/22/95). For a 112 permit, application <br />must be submitted within 60 days (by 10/23/95) and approved within <br />120 days of submittal (by 2/20/96) <br />~;I'~~~ _ Civil Penalty: The civil penalty may be set according to the <br />LLL` Board-approved schedule, which for this site could range up to <br />$9000. (see below) <br />(mod ~ v~~ ) ~ .1 ~~ v.~~ -u,Fr <br />CIVIL PENALTY SCHEDULE FOR ILLEGAL MINING OPERATIONS <br />Illegal Sites: <br />$3,000 <br />Acres 0-2 <br />Date: Aug 23-24, 1995 <br />File No.: M-95-057 <br />Operator: W Wilcox or R Rudibaugh <br />Location: Gunnison County <br />$9,000 <br />2.1-9.9 <br />The Board may add up to $3,000 for history, or significant health or safety <br />problems. Total may not exceed $12,000. <br />a:\rudibauh.bd <br />