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ENFORCE34087
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ENFORCE34087
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Entry Properties
Last modified
8/24/2016 7:44:13 PM
Creation date
11/21/2007 2:01:28 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2006009
IBM Index Class Name
Enforcement
Doc Date
4/16/2007
Doc Name
Board Order-Failure to Protect Areas
From
MLRB
To
Mesa Sandstone, LLC
Media Type
D
Archive
No
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outside the approved permit boundaries, it is appropriate for the Board to find the Operator <br />in violation of Section 34-32.5-116(4)(1) of the Act. <br />10. Because the evidence shows the Operator violated Section 34-32.5-116(4)(1) of the Act by <br />disturbing areas outside the approved permit boundary, it is appropriate for the Board to <br />assess civil penalties of not less than $100.00 per day nor more than $1,000.00 per day for <br />each day the land has been affected. The evidence presented showed that the Operator self <br />reported the violation, then immediately responded to the Division's December 18, 2006 <br />inspection by selling stockpiled materials to the landowner on December 19, 2006. It is <br />therefore reasonable to assess civil penalties for one day of violation. <br />11. Because the evidence shows the Operator violated the Act by stockpiling materials off site, <br />it is appropriate for the Board to issue a cease and desist order preventing the Operator from <br />stockpiling additional materials outside the approved permit boundaries. In addition, it is <br />appropriate for the Board to order corrective actions, namely to require the Operator to <br />amend the permit to incorporate all lands affected by the mining operation within the permit <br />azea. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds <br />the Operator in violation of Section 34-32.5-116(4)(1) of the Act by failing to protect <br />areas outside of the affected land from slides or damage during mining operations. The <br />Boazd hereby assesses civil penalties in the amount of $100.00 based on a single day of <br />violations at the rate of $100.00 per day, as calculated above. The Board hereby orders <br />the Operator to cease and desist from using the 5.60-acre area that was used to stockpile <br />materials until such time as that area is incorporated into the permit boundaries. The <br />Board hereby orders the Operator to undertake corrective actions, namely to amend the <br />Mesa Sandstone NOV <br />M-2006-009 <br />
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