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<br />Area wide impacts, describe -None <br />Health or safety hazard, describe -None <br /> <br />STATUTE VIOLATED AND DESCRIPTION (To be completed by sraf~ <br />X C.R.S. 34-32.5-109(1) mining without a permit. <br />C.R.S. 34-32.5-113(1) exploring without an approved NOI. <br />C.R.S. 34-32.5-109(1), or 113(1) <br />Averv Structures. Inc (Operator) is conducting an illegal surface minino operation in the following location: <br />Section l7 , Township~4 South, Range~_ West,~¢ th P.M. <br />HISTORY OF VIOLATIONS (To be completed 6y stay <br />Operator: <br />(a) Any outstanding corrective actions or unpaid civil penalties? No <br />(b) History of any and all past violations and timeliness of corrective actions. None <br />Landowner: Avery Construction Co. and Ciry of Buena Vista <br />(a) Any outstanding corrective actions or unpaid civil penalties? No <br />(b) History of any and all past violations and timeliness of corrective actions. None <br />STAFF RECOMMENDATION (To be completed by the stay <br />Violation(s): The Division recommends that the Board fmd a violation of C.R.S. 34-32.5-109 for mining without a <br />permit as a result of mining substantial acreage beyond the approved permit boundary pursuant to C.R.S 34-32.5-123(2). <br />Cease and Desist Order: The Division recommends that the Board issue a cease and desist Order prohibiting any mining <br />activities in the areas outside the approved permit boundaries, except for reclamation activities, until the violation has <br />been abated. <br />Corrective Action(s): The Division recommends that the Operator should be required to submit a complete amendment <br />application by November 20, 1998 and obtain Division, or Board, approval of the amendment application by February <br />18, 1994. The amendment application should incorporate, at least, all the disturbed acreage outside the existing <br />permit area which is related to the mining activity. <br />Require the operator and/or landowner to secure an approved Notice of Intent (NOI) or Construction <br />Material (110), (111), or (112) Extraction permit by <br />2. Require the operator and/or landowner to post an interim reclamation bond in the amount of 5108,000.00 <br />by November 20. 1998. <br />