Laserfiche WebLink
4. On May 15, 2008, the Division issued a field Cease and Desist Order, based <br />on the conditions observed at the site by Division personnel during the inspection. <br />5. The Division accepted the Operator's financial warranty and issued the permit <br />on June 4, 2008. <br />6. The Operator indicated the bond for the site was obtained in January of 2008, <br />but because of inadvertent error the bond was not transmitted to the Division. As soon as the <br />error was discovered Marathon moved to correct the error and immediately ceased and <br />desisted further mining activities at the site upon issuance of the Cease and Desist Order. <br />7. The Operator detailed internal procedures the Operator has implemented to <br />make sure mining does not begin on any future permits before the financial warranty is <br />posted with the Division and the permit issued. <br />8. The Division expended 30 hours of staff time at $56.64 per hour to inspect the <br />property, correspond with the Operator and prepare for the Board meeting due to the <br />Operator's violation in this matter. <br />CONCLUSIONS OF LAW <br />9. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 and <br />34-32.5-107, of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, Section 34-32.5-101, et seq., C.R.S. (2007) (the "Act"). <br />10. Section 34-32.5-109, C.R.S., requires, before engaging in a new operation, that <br />the operator first obtain from the board or office a reclamation permit pursuant to §§ 34-43.5- <br />110, 34-32.5-111 or 34-32.5-112, C.R.S. The Operator in this matter applied for the permit <br />and the permit application was approved, but the permit was not issued as the Operator failed <br />to post the financial warranty. The Operator began mining activities before the permit was <br />issued in violation of §34-32.5-109(1), C.R.S. <br />11. Any person desiring to conduct mining operations on less than ten acres, prior <br />to commencement of mining, shall file with the Division an application for a permit to <br />conduct mining operations, with the information required in §34-32.5-110(1)(a), C.R.S. <br />12. A financial warranty in an amount determined pursuant to §34-32.5-117(4) <br />shall accompany the application. <br />13. Section 34-32.5-117(1), C.R.S., does not allow a permit to be issued under the <br />Act until the board receives the performance and financial warranties described in subsection <br />(2), (3) and (4) of § 34-32.5-117 of the Act. <br />14. Section 34-32.5-123(2), C.R.S., allows the board to impose, on an operator <br />who operates without a permit a civil penalty of not less than one thousand dollars per day <br />Marathon Oil Company <br />M-2007-067