ENFORCE29798

• Permit No: M1982129
• IBM Index Class Name: Enforcement
• Doc Date: 4/27/1994
• Doc Name: POSSIBLE VIOLATION 110 PERMITTED OPERATIONS PRESENTATION FORM
• Media Type: D
• Archive: No

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POSSIBLE VIOLATION -
General Information:

110 PERMITTED OPERATIONS PRESENTATION FORM
Date: April 27 6 28, 1994
File No.: M-82-129
Operator: L. Otto Goemmer
Location: Huerf an.o Co.
Nature and Duration of Violation:
III III'lllllllll I11
999
Commodity: Sand iti Gravel
Acreage: 7.5
Specialist: Jim Stevens\Lavern Lema
Required Bon 5,
Recalculation: $12,032
Existing Bond: $0
Section 34-32-117(6)(a), C.R.S. 1984, as amended, for failure to maintain the
financial warranty in good standing for the life of the permit.
The Deed of Trust was not filed in 1982, when originally permitted. The deeded
property was apparently transferred in a land sale in 1988, as a result, the
Operator could not provide the documentation requested in a letter dated July
20, 1993 and a second notice dated November 8, 1993. This item was originally
brought before the Board during the January Board Meeting. The Operator
requested a continuance in order to comply with the Office request to provide a
bond. The Operator then requested a continuance due to illness, which the
Board declined. In the Operator's absence, the Board ordered an interim bond
in the amount of $5000 on February 23, 1994, which the Operator provided in the
form of a Certificate of Deposit which was subsequently returned for
technical/clerical errors. The hearing of this item was continued until the
March Board Meeting and then continued at the Board's request until the April
Board Meeting.
Seriousness: Zones
D C B
(A) Administrative Violation, or Some On-Site Damage
(B) Little Off-Site Damage, Moderate On-Site Damage, No Health or
Safety Hazard
(C) Little Off-Site Damage, Significant On-Site Damage, and/or
Possible Health or Safety Hazard
(D) Off-Site Damage, and/or Significant Health or Safety Hazard
History of Violations in I?ast Twelve Months:
None
Staff Recommendation: ~~
Violation:
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Find a violation of Section 34-32-117(6)(a), C.R.S 1984, as amended, for
failure to maintain the financial warranty in good standing for the life of the
permit.
Cease and Desist:
Recommended until sufficient financial warranty is posted.
C&D should not apply to arty reclamation activities that will reduce the
reclamation liability.
Corrective Actions:
Submit new Financial Warranty sufficient to secure current bond requirement.
Civil Penalty Range $50 - $200 per day. If $50 a day is added for
history, daily penalty may not exceed $150 + $50:
C.P. 281 X $50 - $200 per day $14,050 - $56,200
Number of days of violation calculated from date of first letter of request,
July 20, 1993.
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