ENFORCE24557

• Permit No: M1996079
• IBM Index Class Name: Enforcement
• Doc Date: 6/21/2000
• From: DON JOHNSON
• To: MLR
• Media Type: D
• Archive: No

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b. History of any and all past violations and timeliness of corrective actions.
On October 16, 1996, Iv1V-1999-0~9 was issued to Chester Barnard by the Iviined Land Reclamation Board
for failure to obtain a reclamation permit prior to beginning mining operations in accordance with Section
34-32.5-109(1) of the Colorado Land Reclamation Act for the Extraction of Construction Materials.
STAFF RECOMMENDATION(S)
Violation(s):
Failing to protect areas outside of the affected azea from slides or damage during mining and reclamation
operations in violation of 34-32.5-116(4)(1).
Cease and Desist Order: Recommend a cease and desist order for azeas outside the permit azea, except
for purposes of reclamation.
Corrective Actions(s):
1. Remove/reclaim the new rock rubble that was pushed outside the permit azea.
2. Install a temporary berm, fence or post a sign to deter this activity from taking place in the future.
CIVIL PENALTY
A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. sec .. shall be subject to a
civil penalty of not less than $100 per day, nor more than $1,000 per day for each day during which such
violation occurs (C.R.S. 34-32.5-124(7)). In this matter, the Boazd might assess a civil penalty of 2 900.00 to
$29,000.00 for 29 days of violation at $100.00 to $1,000.00 per day.
SUSPENSION OF CIVIL PENALTIES
The Boazd may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective
actions, as well as compliance with the Act and Rules and Regulations.
The Boazd may also suspend all or a portion of the civil penalty based on the permittee's efforts to correct the
violation(s) prior to the Boazd hearing. The petmittee has completed the following actions as of July 26, 2000,
in order to correct the listed potential violation(s):
Chester Bamard waived his right to the 30-day MLRB Hearing notification to expedite the process. The
Division inspected the site on July 25, 2000 to verify the progress of the corrective actions required in the June
21, 2000 inspection report (corrective actions due by August 22, 2000). The operator has started removing rock
that was pushed outside the permit azea. In addition, a 3-foot high chain link fence has been installed along the
top edge of the cliff. A number of signs were posted on the fence stating not to throw rocks over the cliff (in
both Spanish and English). The operator has been very cooperative during this process.