Laserfiche WebLink
w <br />piles round the pit. Sandstone had been placed on pallets or loosely stacked around the <br />site. Sandstone was stored on approximately three acres surrounding the quatty. <br />3. On Juty 26, 2006, the Division mailed to the Operator a Reason to Believe a Violation <br />Exists 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 Board. <br />4. Section 34-32.5-109(1) of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Section 34-32.5-101 et seq. C.R.S. (2005) ("Act"), requires an <br />operator to obtain a reclamation permit prior to engaging in a new mining operation. <br />5. 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 Board to assess civil penalties in an amount necessary <br />to cover costs incurred by the Division in investigating an alleged violation. <br />6. 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 />7. Because the evidence shows the Operator conducted a 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 />8. 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 />Florence and Everett Jackson <br />M-2006-053 <br />