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2009-06-12_ENFORCEMENT - M1983176 (2)
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2009-06-12_ENFORCEMENT - M1983176 (2)
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Last modified
8/24/2016 3:47:39 PM
Creation date
6/15/2009 9:23:57 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1983176
IBM Index Class Name
ENFORCEMENT
Doc Date
6/12/2009
Doc Name
Findings of Fact, Conclusions of Law and Board Order
From
DRMS
To
Asphalt Specialties Co.- Mr. Rob Laird
Violation No.
MV2009015
Email Name
DB2
Media Type
D
Archive
No
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(9) states in part "[i]f an Operator intends to backfill inert structural fill generated outside of <br />the approved permit area, it is the Operator's responsibility to provide the Office notice of <br />any proposed backfill activity not identified in the approved Reclamation Plan." Among the <br />requirements of what must be included in the notice to the Office include: "(a) a narrative <br />that describes the approximate location of the proposed activity; (b) the approximate volume <br />of inert material to be backfilled; (c) a signed affidavit certifying that the material is clean <br />and inert, as defined in Rule 1.1(20) ...." Here, the Operator admits to conducting <br />backfilling activities with imported inert material without first notifying the Division as is <br />required by Construction Rule 3.1.5 (9). Therefore, the Operator is in violation of <br />Construction Rule 3.1.5 (9). <br />15. Section 34-32.5-124 (7), C.R.S., provides for a civil penalty of not less than <br />$100 per day nor more than $1,000 per day for each day during which the violation occurs. <br />Here, the Board may impose a penalty based on 49 days of violation (from the inspection <br />date of March 25, 2009 to the May 13, 2009 hearing date) at $100 to $1,000 per day for a <br />civil penalty of $4,900 to $49,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />finds that the Operator violated § 34-32.5-116(1), C.R.S., by failing to perform reclamation <br />activities prescribed by the reclamation plan, and that the Operator violated Construction <br />Rule 3.1.5(9) by failing to notify the Division prior to importing backfill material. <br />The Board imposes the following two corrective actions on the Operator: <br />(1) The Board orders the Operator to amend the Reclamation Plan within 60 <br />days of the Board Hearing date to account for the importation of off-site <br />fill. <br />(2) The Board orders the Operator to submit an affidavit of inert fill <br />concurrently with the amendment to the Reclamation Plan. <br />The Board imposes a civil penalty of $100 per day for 49 days for a total penalty of <br />$4,900. All but $1,000 of the penalty is suspended if the Operator complies with the <br />corrective actions in the times specified. The portion of the civil penalties not suspended, <br />$1,000, shall be due and payable within thirty days of the mailing date of the signed Board <br />Order. <br />DONE AND ORDERED this /V day of fu N Q , 2009. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />y . eterson, Acting Chair <br />Mined Land Reclamation Board <br />Asphalt Specialties <br />Speer Mining Resource Pit <br />M-1983-176 <br />MV- 2009-015
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