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<br />STATUTE VIOLATED AND ASCRIPTION (To be completed by s~af,7 <br />X C.R.S. 34-32.5-10911) mining without a permit. <br />C.R.S. 34-32.5-11311) exploring without an approved NOI. <br />C.R.S. 34-32.5-109(1), or 113(1) <br />Southway Construction Company. Inc. (Operator) was conducting any <br />following location: Section, Township~_ North/South, Range, <br />HISTORY OF VIOLATIONS (To be completed bystaffl <br />1 . Operator: <br />(al Any outstanding corrective actions or unpaid civil penalties? <br />(b) History of any and all past violations and timeliness of corrective <br />2. Landowner: <br />(a) Any outstanding corrective actions or unpaid civil penalties? <br />operation in the <br />~VIV~ P. M. <br />s. See attached. <br />(b) History of any and all past violations and timeliness of corrective actions. None. <br />STAFF RECOMMENDATION (To be completed by the staffl <br />Violation(s): Find a violation of Section 34-32.5-109(1) of the Colorado Land Redlamation Act for the <br />Extraction of Construction Materials for mining without a permit. <br />Cease and Desist Order: Issue a Cease and Desist Order prohibiting further min ng activities, except <br />reclamation tasks, in the area of the violation until the operator has submitted, and rece ed Division approval <br />ot, an application fora 112 conversion which incorporates the area of violation into t e permit area. <br />Corrective Action(s): <br />Require the operator to submit, by February 28, 1998, an application fora 112(c) reclamation <br />permit that incorporates the area of violation into an approved perm t area, and that the <br />operator receive Division approval of that application within 120 days o submittal. <br />CIVIL PENALTY (C. R.S. 34-32.5-1232) and (4) MINING WITHOUT A PERMIT (To be completed <br />by staffl <br />1 . Require the operator to pay a minimum civil penalty in the amount of <br />on ~_ _ hours to staff time at 533.30/hour. <br />based <br />2. If the Board finds the operation to be an illegal Construction Material Extr ction Operation, the <br />Board should also assess the operator and/or landowner a civil pen Ity of not less than <br />$1,000.00 per day nor more than 55,000.00 per day for each day the la d has been affected, <br />not to exceed 365 days. <br />In this case, the Office recommends that the Board could find days <br />of violation at S 1 000 - 5.000 per day. Adequacy review letter ate of <br />December 3, 1997 to next scheduled Board Meeting of January 28, 19 8. <br /> <br />