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~, III IIIIIIIIIIIII III UNPERMIT~ CONSTRUCTION MATERIALCTION OR EXPLORATION OPERATION Presentation Form GENERAL INFORMATION Inspection Date: n/a Commodity: S & G File No.: M-94-103 Est. Acreage: 5 Operator: Costilla County Est. Vol. Removed: n/a Landowner: Costilla County Location: Costilla County Method of Mining: n/a (~~1 ~~ A CEASE AND DESIST ORDER WAS/WAS NOT ISSUED TO THE OPERATOR BECAUSE: The operator has been issued a cease and desist order (part of NOV No. M-95-057). NATURE AND DURATION OF UNPERMITTED CONSTRUCTION MATERIAL EXTRACTION: This hearing is to determine whether the operator is in violation of an existing Board Order. As part of NOV No. M-94-050, the operator was to obtain a 110 permit by Feb. 17, 1995. At a subsequent hearing, the date was amended in NOV No. M-95-057, which stated that the operator was to obtain a 110 permit by Oct. 23, 1995. A complete application was submitted on August 24, 1995. Despite numerous attempts by the Division to assist the operator in the application process, adequate follow- up materials have not been submitted. The application is not approvable. ~ a ~+.~' l~ t ~ ecP/, HISTORY OF VIOLATIONS IN PAST TWELVE MONTHS 1. Operator: Found in violation for one day of unpermitted mining, in violation of an existing Board Order (as part of NOV No. M-94-050). Was issued NOV No. M-95-057, which stated that the operator must obtain a 110 permit by Oct. 23, 1995. 2. Landowner: n/a ANY OUTSTANDING CORRECTIVE ACTIONS OR UNPAID CIVIL PENALTIES? 1. Operator: Board Order to obtain a permit, included as part of NOV No. M-95-057, has not been complied with. Civil penalty of $50, for one day of unpermitted mining, has been paid. 2. Landowner: n/a ~'^'s(° ~~~~' STAFF RECOMMENDATION Violation(s): The Division recommends that the operator be found in violation of a Board Order, which was issued as a result of NOV No. M-95-057, pursuant to CRS 34-32.5-124. Cease and Desist Order: There is an exis mg cease and desist order. '-~ /r-s-/G-i'- ~ ~ p~5~ ~~- p~ -~~ r Nod G4~~w, p ~(4L f- U- eGCN'/~ w l~d-vc - isso~ ~ o(u~JC ~~S' Erg .for-.-„~/v° - co«~,,~r, ° ~~ r~'rryl ~: GDwn'YJIL a/l.7 ~ iL'tA[L GDL+t,E.I~[t,(" ~.G( ~'(-~x ~, '~•p.C.~. '