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PERMITTE1~10(1), 110(2), AND PROSPECTING RATIONS <br />Presentation Form <br />General Information: <br />Date: March 26, 1997 Commodity: Clay <br />File No: M•77-326 Acreage: 9.9 acres <br />Operator: Adience, Inc. Specialist: Tom Schreiner <br />Location: Sec. 36, E1fzSW'/., W'/zSE'/, Existing Bond: $36,500 <br />T21S, R68W, Pueblo County <br />Nature and Duration of Violation: <br />Failure to protect areas outside affected land from damage occurring during the mining <br />operation. /,~,~ ~Qcre~ <br />61 days of violation; from December 27, 1996 to February 26, 1997. <br />Seriousness: <br />Zones <br />D C ~ A <br />Administrative Violation, or Some On-Site Damage <br />(B) Little Off-Site Damage, Moderate On-Site Damage, No Health or Safety Hazard <br />Little Off-Site Damage, Significant On-Site Damage, and/or Possible Health or Safety <br />Hazard <br />(D) Off-Site Damage, and/or Significant Health or Safety Hazard <br />History of Violations in Past 'I~,velve Months: None <br />Staff Recommendation: <br />Violation: Find a violation of Section 34-32-116(7)(h) of the Colorado Mined Land <br />Reclamation Act for failure to protect areas outside affected land from <br />damage during the mining operation. <br />Cease and Desist: Issue a Cease and Desist Order prohibiting any further mining- <br />related activity outside the 9.9-acre permit area until such <br />disturbance, determined to be the permittee's responsibility, has <br />been included within an approved permit area. <br />Corrective Actions: Require that the operator replace the existing 110(2) permit and <br />include the acreage disturbed outside the permit area, for which <br />the permittee is responsible, by July 24, 1997 OR secure approval of <br />a 112 permit by July 24, 1997, including all acreage disturbed by <br />Adience, Inc. <br />Civil Penalty Range $50 - $200 per day. If $50 per day is added for history, daily penalty may not <br />exceed $150 + $50: <br />December 27, 199frto Februa 6, 1997 = 61 days; <br />61 days X $50/ y = $3,050; <br />61 days X $200 ay = $12,200. <br />page 1 of 1 <br />A1: \o,e\gaw\Adience.w <br />(7Fl97 <br />