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UNPERMITTED CONSTRUCTION MATERIAL EXTRACTION OR EXPLORATION OPERATION Presentation Form GENERAL INFORMATION Inspection Date: May 28, 2004 File No.: M-1994-096 Operator: James D. and Beclde J. Krakel Landowner: High Plains Sand & Gravel, LLC. Commodity: Sand & Gravel Acres affected: 9 County: Larimer Method of Mining: Surface Specialist: Erica Crosby WAS THIS CA5E THE RESULT OF A ROUTINE INSPECTION? YES OR COMPLAINT? NO DIVISION'S REASON FOR BRINGING THIS TO THE BOARD AS MINING WITHOUT A PERMIT VERSUS MINING OUTSIDE THE PERMIT BOUNDARY (DMG Policy -For any 110-type operation, if the operator affects greater than two acres, the operator shall be found for mining without a permit. For all other permitted operations, mining without a permit shall be detern~irted on a case-by-case basis. Items to consider include the amount of disturbance, type of disturbance, ownership of the disturbed azea, impact to the surrounding azea due to the disturbance, degree of any health or safety hazard.) NATURE OF UNPERMITTED (Construction Materials Extraction C.M.E. or Exploration Operation E.O.) Est. Acreage disturbed (Do not use for permitted sites) Est. Vol. Removed Est. Ac. outside permit boundary- 3 acres Operator conducted activity on own property Y~ on others property Site activity, describe- The operator failed to contain the mining and processing operations within the designated permit azea of 6 acres. Mining related activity created a total disturbance of 9 acres. Area wide impacts, describe -The operator disturbed 3 additional acres that were not originally permitted including total removal of topsoil and vegetative cover. Health or safety hazard, describe -None STATUTE VIOLATED AND DESCRIPTION X C.R.S. 34-32.5-109(1) mining without a permit, C.R.S. 34-32.5-113(1) exploring without an approved NOI. C.R.S. 34-32.5-109(1), or 113(1) James D. and $eclcie J. Krakel and/or High Plains Sand and Gravel, LLC. (Operator) is conducting a rsunine operation in the following location: Section 3 Township 9N North, Range 68 West, bth P.M.