Laserfiche WebLink
approximately one acre of disturbance outside of the permit boundary. The berm is <br />landscaped and vegetated. <br />4. As a condition of approval, Larimer County required the Operator to construct <br />the berm to provide screening between the Operator's land use and an adjoining property <br />owner. Larimer County wants to ensure that the Operator removes the berm when mining is <br />completed. <br />5. , The Operator testified that it was unaware that the berm straddled the permit <br />boundary. The Operator did not intend to circumvent the Division's rules and requested that <br />the Board consider the issue an honest mistake. <br />6. The Division sent the Operator the inspection report with the Division's <br />findings and a Reason to Believe a Violation Exists letter on November 23, 2009. The <br />Division's letter informed the Operator of the specific violation and provided notice <br />-regarding the December %-2009-Board.hear-ing- The-inspection. report included_a-corrective <br />action requiring the Operator to increase the permit area boundary to include the entire on- <br />site disturbance through filing a permit amendment with the Division. <br />7. On November 30, 2009, the Operator filed the required permit amendment <br />with the Division. <br />CONCLUSIONS OF LAW <br />8. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 through <br />107, and 124 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, §§ 34-32.5-101 through 125, C.R.S. (2009) ("Act"). <br />9. Section 34-32.5-116(4)(1), C.R.S., states that "areas outside of the affected <br />land shall be protected from slides or damage occurring during the mining operation and <br />reclamation." Section 34-32.5-103(1), C.R.S., defines "affected land" as meaning "the <br />surface of an area ... where a mining operation is being or will be conducted, which surface <br />is disturbed as a result of an operation." Here, the Operator constructed a berm exceeding <br />the permit boundary. Therefore, the Operator damaged land outside of the affected land. <br />This is considered a failure to protect areas outside of the affected land from slides or <br />damage and is in violation of § 34-32.5-116(4)(i), C.R.S. <br />10. 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 28 days of violation (from the November 12 <br />inspection to the December 9, 2009 hearing date) at $100 to $1,000 per day for a civil <br />penalty range of $2,800 to $28,000. <br />11. Pursuant to § 34-32.5-124(2), C.R.S., the Board may also issue a Cease and <br />Desist Order if it determines that any provision of the Act was violated. However, here the <br />Division does not seek and the Board does not impose a Cease and Desist Order. <br />Coulson Excavating Co., Inc. <br />Bonser Pit, M-2000-156 <br />W-2009-038 2