2008-03-04_ENFORCEMENT - M2006003

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DIVISION OF RECLAMATION, MINING AND SAFETY 'CEASE AND DESIST ORDER ,( Aerator/Company Name: -`t7 Hall-Irwin Corporation Mr Jim McFarland Location: Parker-Dersham Resource S3fi,T1N,Rfi7W Address: 3n1 (''entennial l7rivP Phone: _(970) 587-7277 112c -Surface (Operation Type) (Legal -Section, Township, Range) _0.75 miles west of Hwy 85 on Baseline Rd North of Bri ton, CO (Distance and direction from nearest city) Weld (County) Sand and Crravel (Commodity Mined) ~' The Division of Reclamation, Mining and Safety ("the Division") has conducted an inspection of the above-referenced operation and has determined that you are or appear to be: X conducting a mining operation without a permit in violation of C.R.S. 34-32-109(1), or C.R.S. 34-32.5-109(1) conducting prospecting or exploration without having filed a notice of intent to conduct prospecting or exploration operations as required by C.R.S. 34-32-113(1), or C.R.S. 34- 32.5-113(1) Whenever an operator fails to obtain a valid permit or file a Notice of Intent to Conduct Prospecting or Exploration, the Board or Division may issue an immediate cease and desist order. C.R.S 34-32- 123 and 34-32.5-123. Concurrently with the issuance of such an order, the Board or Division may seek a restraining order or injunction. C.R.S 34-32-123 and 34-32.5-123. Sections 34-32-123(2) and (3), C.R.S. (Colorado Mined. Land Reclamation Act) and 34-32.5-123(2) and (3), C.R.S (Colorado Land Reclamation Act for the Extraction of Construction Materials) also provide for imposition of civil penalties. Both statutes provide a civil penalty of $1,000 to $5,000 per day for mining without a permit and $50 to $200 per day for prospecting or exploration without having filed a notice to conduct such activity and for hard rock limited impact mining operations without a permit that are regulated under C.R.S. 34-32-110 for each day the land has been affected for up to a maximum of 60 days. For unpenmitted construction material mining operations, the civil penalty may be imposed for each day the land has been affected for up to a maximum of 365 days. C.R.S. 34-32.5-123(2). Under the authority vested in the Division by C.R.S. 34-32-123(1) and C.R.S. 34-32.5-123(1), you are hereby ordered to immediately cease and desist all mining, prospecting, and exploration activities other than those required to prevent damage to off-site areas or protect the public health and safety. The Division will send a report of its inspection within 10 days. You will also receive a 30-day advance notice, by Certified Mail, of a hearing to be held before the Mined Land Reclamation Board to consider the above described possible violation.