2009-02-11_ENFORCEMENT - M1984043

• Permit No: M1984043
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/11/2009
• Doc Name: Finding of facts
• From: DRMS
• To: Pelino Inc.
• Email Name: PSH
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
IN THE MATTER OF RECONSIDERATION OF PREVIOUS DIVISION APPROVAL OF
PELINO INC.'S 112C CONVERSION APPLICATION BECAUSE FINANCIAL
WARRANTY WAS NOT POSTED WITHIN ONE CALENDAR YEAR OF APPROVAL,
File No. M-1984-043
THIS MATTER came before the Mined Land Reclamation Board ("Board") on
January 6, 2010 in Denver, Colorado for a hearing to reconsider the Division of Reclamation
Mining and Safety's ("Division") previous approval of a conversion application because the
financial warranty was not posted within one calendar year of approval. The file number is
M-1984-043. Scott Pelino appeared on behalf of Pelino Inc. ("Operator"). Peter Hays
appeared on behalf of the Division of Reclamation, Mining and Safety ("Division").
The Board, having considered the parties' presentations and having been otherwise
fully informed of the facts in the matter, enters the following:
FINDINGS OF FACT
1. The Operator has a Section 110c reclamation permit for a 9.8-acre sand and
gravel operation known as the Jesse Lee pit, permit number M-1984-043. The site is located
in Section 33, Township 14 North, Range 78 West, 6`n Principal Meridian, in Chafee County,
Colorado. The site is about three miles south of Buena Vista, Colorado, and sits between US
Highway 285 and the Arkansas River.
2. Responding to a citizen complaint, the Division inspected the site in May 2006
and found the Operator was mining outside of the approved boundary. In July 2006, the
Board found the Operator in violation of § 34-32.5-109(1), C.R.S., for mining without a
permit and issued an Order on August 16, 2006 (the 2006 Order) which included a Cease and
Desist Order prohibiting further mining activities outside of the approved permit boundaries
until the entire site was properly permitted. The Board ordered the Operator to obtain
approval of a Section 112c reclamation permit for the entire operation within 160 days of the
signed Board Order. The Board ordered the Operator to pay $56,132.80 in civil penalties,
suspending all but $3,132.80 if the Operator completed the corrective actions in a timely
manner. The Operator paid the unsuspended portion of the civil penalty in September 2006.
3. The Operator submitted the required conversion application (CN-01) in
September 2006 to address the disturbed areas outside the permit area and add new acreage
for future mining development. The Operator proposed adding 6.6-acres to the permit for a
Pelino Inc.
Reconsideration of Previous Division Approval
M-1984-043