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Upon review of both the earliest maps submitted for the site, and site photographs taken in June 1981, prior to the excavation of the site, it was determined that the disturbance of the site slopes was outside the permit boundaries. Area wide impacts, describe --- Several rocks had fallen into the creek, but by the June 21 inspection these had been cleazed away, and the creek was flowing smoothly through the area with no obstruction. Health or safety hazard, describe - No health hazazd was noted, and no immediate safety hazazd was noted. STATUTE VIOLATED AND DESCRIPTION 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) I l~ l4) (i,) Bacon & Southwick (Operator) is conducting an open mining operation in the following location: Section 26 ,Township 6 North, Range 70 West, 6th P.M. HISTORY OF VIOLATIONS Operator: (a) Any outstanding corrective actions or unpaid civil penalties? No. (b) History of any and all past violations and timeliness of corrective actions. None. 2. Landowner: (a) Any outstanding corrective actions or unpaid civil penalties? No. (b) History of any and all past violations and timeliness of corrective actions. „~' None. 1.,~, ~•"' .,~~ ~ STAFF RECOMMENDATION ~~ ~~a ~ ti%,,~;L ~ ~' Lzl i X51 Violation(s): This case was brought to the attention of the Division by a complaint. If the Board determines that the Operator has mined outside the permit boundaries, it is possible for the Board to find a violation of C.R.S. 34-32.5-116(4)(1), for failure to protect areas outside affected land from slides or damage occurring during the mining operation or reclamation. Cease and Desist Order: That a Cease and Desist Order be issued for the areas outside the present permit boundary until such time as the Operator amends the reclamation permit for the extended site disturbance. Corrective Action(s): If the Board finds a Violation of C.R.S. 34-32.5-116(4)(1), the following Corrective Actions should also be completed.