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2009-11-13_ENFORCEMENT - M1977094
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2009-11-13_ENFORCEMENT - M1977094
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Last modified
8/24/2016 3:56:57 PM
Creation date
11/17/2009 2:24:23 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977094
IBM Index Class Name
ENFORCEMENT
Doc Date
11/13/2009
Doc Name
Board Order
From
DRMS
To
Morgan Sand & Gravel, Inc.
Violation No.
MV2009030
Email Name
MAC
Media Type
D
Archive
No
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minimized by ... (b) compliance with applicable federal and Colorado water quality laws <br />and regulations, including statewide quality standards and site-specific classifications and <br />standards adopted by the Water Quality Control Commission.. . ." <br />13. Pursuant to § 34-32.5-124 (7), C.R.S., the Board may impose a civil penalty of <br />not less than $100 per day nor more than $1,000 per day for each day during which the <br />violation occurs. Here, the Board may impose a penalty based on 77 days of violation (from <br />the July 23 inspection date to the October 7, 2009 hearing date) at $100 to $1,000 per day for <br />a civil penalty of $7,700 to $77,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />finds the Operator in violation of § 34-32.5-116(4)0), C.R.S., for failing to protect and <br />stabilize all surface areas of the affected land, including spoil piles, so as to effectively <br />control erosion. <br />The Board imposes against the Operator the following corrective actions: <br />(1) The Board orders the Operator to submit and obtain approval for a <br />technical revision to its permit within 90 days of the signed Board Order; <br />(2) obtain a storm-water discharge permit from the Colorado Department of <br />Public Health and Environment, Water Quality Control Division within <br />90 days of the signed Board Order; <br />(3) remove the remnants of the dam, and <br />(4) remove excess sediment within the permit boundary and on the <br />Longacre's property, if the property owner consents, and stabilize the <br />banks of the drainage channel. <br />The Board assesses a civil penalty for 77 days of violation at $100 per day for a total <br />civil penalty of $7,700, with all but $100 suspended of the Operator complies with the <br />corrective actions. The unsuspended portion of the civil penalty, $100, shall be due and <br />payable within thirty days of the signature date of the Board Order. <br />DONE AND ORDERED this I ci?_ day of 6,(' , 2009. <br />FOR THE COLORADO MINED LA'`RF'^LAMATION BOARD <br />T6erson, Chair <br />Land Reclamation Board <br />Morgan Sand & Gravel, Inc. <br />Westhoff Pit <br />M-1977-094 <br />MV-2009-030
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