2008-11-14_ENFORCEMENT - M2008017

Home Browse Search

four to eight loads a day. He was trying to keep a customer happy. He also testified that he thought he could fill in the area with materials brought in and that he didn't intend on making his neighbor angry. 6. Mr. Derr also testified that he was working on getting the permit straightened out and that the bonding needs to be worked out. 7. The presentation form submitted by the Division indicates that the decision date for the permit application is November 3, 2008. 8. The presentation form submitted by the Division indicates that the Division spent 15 hours of staff time on this matter at, the rate of $56.64 per hour, for a total amount of $849.60. CONCLUSIONS OF LAW 1. The Board has jurisdiction over this matter pursuant to § 34-32.5-104, 105 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. (2008) (the "Act"). 2. Section 34-32.5-109(1), C.R.S., requires an operator to obtain from the board or office a reclamation permit pursuant to section 34-32.5-110, 111, or 112, C.R.S., before engaging in a new operation. 3. Section 34-32.5-123(1) allows the Board to issue an immediate cease and desist order if an operator fails to obtain a valid permit pursuant to the Act. 4. Section 34-32.5-123 (2) and (4), C.R.S., allows the Board to impose 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. In addition to civil penalties the Board shall also assess a civil penalty in an amount not less than the amount necessary to cover costs incurred by the Division in investigating the alleged violation. The operation at issue here was inspected by the Division on October 3, 2008 and the date of the hearing before the Board was October 15, 2008, resulting in 13 days of violation. The dates of violation are calculated from the date of the Office inspection, or such earlier date where the Office provides the Board evidence that the violation occurred at an earlier date, and may extend to the date of the Board hearing, where the Board determines that a violation of the Act, Rules or permit has occurred. 5. The evidence demonstrates that the Operator engaged in a new mining operation before obtaining a reclamation permit. ORDER Based on the foregoing findings of fact and conclusions of law, the Board finds a violation of § 34-32.5-109(1), C.R.S., for failure to first obtain a reclamation permit prior to engaging in a new mining operation. The Board orders the Operator to CEASE AND DESIST any further mining activity until the Operator receives approval for a 112c Construction Materials Reclamation Permit. Derr Darwin M-2008-017 2