2008-03-12_ENFORCEMENT - M1977094

Home Browse Search

4. Ms. Crosby's. presentation form indicated the Operator failed to contain the mining and processing operation on the site within the designated permit area and that four acres were mined outside of the permit area. 5. Bill Westhoff testified that the area that was mined was prelaw, before the mining permit was obtained in 1979. His father applied for the permit in 1977. He has one satellite photo from the U.S. Department of Agriculture. The photo provided by Ms. Crosby is from 2005. Mr. Westhoff testified his father owned the land in 1979, Longacre purchased the surrounding property in 1979 or 1980. The fence post/blue dot on the overhead photo is still on the property and his dad told him that was the boundary marker for their property. The property was surveyed in 2007, but it was sold in 1979 or 1980. Mr. Westhoff testified the Bureau of Mines decided mined area outside of the permit area was pre-mine. The Operator started in the gravel business in 1972 and they thought the four acres was included in the permit site. The portion to the south of the permit was mined out, but he and his father have always thought the four acres was included in the area that was permitted. 6. Mr. Westhoff testified that he recently took the overburden, about an acre, 15 to 20 feet deep and laid it in to reclaim the four acres. He took the overburden off of the permitted area and laid it down in order to re-seed the area. CONCLUSIONS OF LAW 7. The Board has jurisdiction over this matter pursuant to § 34-32.5-104 and 34-32.5-107 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5 101 et seq., C.R.S. (2007) (the "Act"). 8. Section 34-32.5-109(1), C.R.S., requires an operator, before engaging in a new operation, to first obtain from the Board or office a reclamation permit pursuant to §§ 34-32.5-110, 34-32.5-111 or 34-32.5-112, C.R.S. 9. Section 34-32.5-123(2), C.R.S., allows the Board to assess an operator who operates without a permit a civil penalty of not less than one thousand dollars per day nor more than five thousand dollars per day for each day the land has been affected, not to exceed three hundred sixty-five days. An operator who mined, substantial acreage beyond the approved permit boundary may be found to be operating without a permit. 10. Section 34-32.5-123(4), C.R.S., also allows the Board to asses a civil penalty in an amount not less than the amount necessary to cover costs incurred by the Division in investigating the alleged violation. 11. The evidence demonstrates that any mining activity took place pre-law and nothing had been raised prior to this time that the post identified by Mr. Westhoff's father was not the permit boundary. In addition, back in 1977 surveys Morgan Sand and Crravel, Inc. M-1977-094 2