ENFORCE29360

• Permit No: M1999073
• IBM Index Class Name: Enforcement
• Doc Date: 8/12/1999
• Doc Name: COURT TRANSCRIPTS
• Media Type: D
• Archive: No

' ;:~i . i ~'.I~, i;OWEN • FAX N0. ~ Rug. 12 1999 11: 42RM P3
2
the pit, and then they're covered back over.
And -- anyway, the information there would
indicate that it may be a mining operation, so the
Division issued a cease and desist on June 17th and
then submitted a reasona~bie-to-believe letter to
Mr. Melby, and that's -- the cease -- a copy of the
cease and desist follows the inspection report and
then a copy of the reasonab~-to-believe letter
follows that. That's the last part of the packet.
It does appear that it is a mining
operation. It does appear that the site should be
permitted. However, that's going to be left up to the
Board to make that decision.
The recommendations by the staff -- by the
way, the nature and duration of the unpermitted site
is from the inspection date of June I7th, 1999 to
today, July 28th, which is a total of 41 days.
History of violations, the operator has had
no violations in the past 12 months, nor have there
been any civil penalties or unpaid civil penalties or
cOrrect].ve actions.
Staff would recommend that the Board find a
violation of C.R.S. 34-32.5-109(1) for mining without
a permit.
Cease and desist order, since a cease and
desist was issued, the Division would like t0 see that
cease and desist confirmed by the Board and, again,
except foz reclamation activities, that the Operator
cannot cause any more disturbances there until the
violation, if the Board finds a violation, is abated.
Corrective actions, staff recommends that
the operator obtain a 110 permit by September 27th,
1999, or if a decision is made to make this a bigger-
than-l0-acre site, then a 112 extraction permit by
January 24th, the year 2000.
Also, the staff would recommend that the
landowner/operator post an interim bond of $5,000 by
August the 27th, 1999.
The civil penalty portion of this, the
staff time of 15 hours I spent on the project at a
cost of 37,93 per hour. The staff time then amount
would be $568.95_ The Board, if they find a
violation, has the option of assessing a civil penalty
of not less than $1,000 per day nor more than $5,000
per day for each day the land has been affected. In
this case, the Division would recommend the Board find
41 days of violation at $1,000 per day, total civil
penalty of 541,568.95. However, since a cease and
desist was issued and the operator/landowner has
abided by that cease and desist order, staff feels