2009-01-08_ENFORCEMENT - M2000115 (2)

Home Browse Search

4. Mr. Ebert testified that overall it appears that about .48 acres of land has been disturbed outside of the approved permit boundary. 5. The Division mailed the inspection report with the Division's findings and a reason to believe letter to the Operator on October 21, 2008. The reason to believe letter informed the Operator that he was in possible violation of § 34-32.5-116(4)(1), C.R.S., for failing to protect areas outside of the affected land from slides or damages occurring during the mining operation and reclamation and of the hearing on this matter. 6. Mr. Mullett testified that the markers were set by him and that he tries to make them shorter than the actual permit area. Since the inspection occurred he's had the land surveyed. Mr. Mullett stated that truckers decided to make the new road and that the rancher [landowner] has also used the new road in the meantime. Mr. Mullett testified that he needs to add more acreage to the pit. He also said that he is willing to take immediate action to add three to four acres to the permit area of the pit. In response to a question from one of the Board members he stated that the estimated life of the pit was "years", and that there could be 50 plus years of rock at the pit. CONCLUSIONS OF LAW 7. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104, 105 and 124 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, § 34-32.5-101 et seq. C.R.S. (2008) ("Act"). 8. Any person who violates any provision of a permit issued under the Act shall be subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day during which such violation occurs, § 34-32.5-124(7), C.R.S. 9. Operators are required to protect areas outside of the affected land from slides or damage occurring during the mining operation and reclamation, pursuant to § 34-32.5- 116(4)(i) of the Act. Here, by using an unapproved access road and disturbing land outside of the permit area the Operator failed to protect areas outside of the affected land. 10. Because the Operator violated the Act by failing to protect areas outside of the affected land from slides or damage it is appropriate for the Board to assess a penalty. Here, the Board could find 65 days of violation at $100 to $1,000 per day, for a total possible penalty of $65,000. The Board may suspend all or a portion of the civil penalty to encourage timely compliance with corrective actions and compliance with the Act. ORDER Based on the foregoing findings of fact and conclusions of law, the Board hereby finds that the Operator violated § 34-32.5-116(4)(1), for failing to protect areas outside of the affected land from slides or damages occurring during the mining operation and reclamation. The Board further finds and orders the Operator to submit an amendment within 60 days with all the materials in an approvable form within 180 days of the signature date of this Mullett Excavating Pit 2 M-2000-115