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.•a~ . <br />Area wide impacts, describe -The operator disturbed 3 additional acres that were not originally permitted including total <br />removal of topsoil and vegetative cover. <br />Health or safety hazard, describe -None. <br />STATUTE VIOLATED AND DESCRIPTION <br />C.R.S. 34-32.5-109(1) for failure to obtain a reclamation permit before engaging in a new operation. <br />Lake County is conducting a 110 surface gravel mining operation in Section 7, Township <br />lOSouth, Range 80Wes[, 6th P.M. <br />2. The present permit allows 9.9 acres of disturbance. <br />3. The Division estimates 12.9 acres have been disturbed using the GPS. (GPS has a 2-5 meter level <br />of accuracy) See attached map for detail. <br />HISTORY OF VIOLATIONS <br />Operator: <br />(a) Any outstanding corrective actions or unpaid civil penalties? No <br />(b) History of any and all past violations and timeliness of corrective actions. <br />• MV-96-037; 5/25/96 Failure to pay annual fees and submit reclamation report. Abated <br />9/30/96 <br />2. Landowner: None <br />(a) Any outstanding corrective actions or unpaid civil penalties? No <br />(b) History of any and all past violations and timeliness of corrective actions. (same as above) <br />STAFF RECOMIvIENDATION <br />V iola[ion(s): <br />Find the operator in violation of C.R.S. 34-32.5-109(1) for failure to obtain a Construction Materials Reclamation Permit <br />prior to conducting mining and reclamation operations. <br />Cease and Desist Order: Recommend that a cease and desist order be issued for areas that fall outside the permit area (3 <br />acres). <br />Corrective Action(s): <br />Require the operator to secure an approved Construction Material (112) Extraction Permit by April 20, <br />1999 if no objections are received and by May 19, 1999 if objections are received. <br />2 <br />