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ENFORCE36518
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ENFORCE36518
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Entry Properties
Last modified
8/24/2016 7:45:50 PM
Creation date
11/21/2007 3:06:40 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2006029
IBM Index Class Name
Enforcement
Doc Date
8/22/2006
Doc Name
Board Order
From
MLRB
To
Grand County
Media Type
D
Archive
No
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On May 24, 2006, the Division sent to the Operator a Reason to Believe a Violation Exists <br />letter in which the Division set forth the events described above and the reasons for <br />believing a violation existed, and announced a date for a public hearing on the matter in <br />front of the Boazd. <br />4. The Board has jurisdiction over this matter pursuant to Sections 34-32.5-104, 34-32.5-105 <br />and 34-32.5-124 of the Colorado Land Reclamation Act For the Extraction of Construction <br />Materials, Section 34-32.5-101 et seq. C.R.S. (2005) ("Act"). <br />Section 34-32.5-109(1) of the Act requires an operator to obtain a reclamation permit prior <br />to engaging in a new mining operation. <br />6. Section 34-32.5-123 of the Act provides that any person who operates a mine without first <br />obtaining a permit shall be subject to a civil penalty of not less than $1,000.00 per day nor <br />more than $5,000.00 per day for each day the land has been affected. In addition, Section <br />34-32.5-123 of the Act authorizes the Boazd to assess civil penalties in an amount necessary <br />to cover costs incurred by the Division in investigating an alleged violation. <br />Section 34-32.5-124(2) of the Act provides that if the Board determines that any provision <br />of the Act or of any permit has been violated, it may issue a cease and desist order and set <br />forth corrective actions to be undertaken by the operator. <br />8. Because the evidence shows the Operator conducted a new mining operation without first <br />obtaining an approved reclamation permit, it is appropriate to find the Operator in violation <br />of Section 34-32.5-109(1) of the Act. <br />9. Because the evidence shows the Operator engaged in a new operation without first obtaining <br />a reclamation permit, it is appropriate for the Board to assess civil penalties of not less than <br />$1,000.00 per day nor more than $5,000.00 per day for each day the land has been affected, <br />Grand County <br />M-2006-029 <br />
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