2010-07-06_ENFORCEMENT - M1980041

Home Browse Search

Page 2 of 3 • June 24, 2010 - A Reason to Believe (RTB) letter and the Division's June 18, 2010 inspection report was mailed to the Mr. James L. Treat. REASON FOR VIOLATION: The Operator has affected approximately 4.2 acres outside of the approved permit boundary. It is the Operator's responsibility to obtain a reclamation permit prior to engaging in a new operation. STAFF RECOMMENDATION: Violation: Find a violation of C.R.S. 34-32.5-109 (1) for failure to first obtain from the Board or Office a reclamation permit prior to engaging in anew operation. Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further mining activities on the unpermitted portions of the site, except for those activities required to prevent damage to off-site areas or protect the public health and safety until the Operator complies with the Board Order. Corrective Action(s): Require the Operator to submit a 110c to 112c Construction Materials conversion application to increase the permit area to encompass the entire affected land. The conversion application shall be submitted by November 15, 2010 (60 days from the assumed signature date of the Board Order of September 15, 2010) with all the materials in an approvable form by March 15, 2011 (120 days from the submittal due date). Civil Penalty: For a violation of C.R.S. 34-32.5-109 (1) in accordance with C.R.S. 34-32.5-123 (2) a Civil Penalty may be assessed at a rate of $1000.00 to $5,000.00 for each day of violation. In this case, there are 54 days of violation (from the date of inspection on June 18, 2010 to the August 11, 2010 Board Meeting date). The Division will access a civil penalty of $1000.00 per day of violation for 54 days. For a civil penalty amount of $54,000.00 with all but $1,000.00 suspended if the Operator complies with the corrective action. Payment of the un-suspended portion of the civil penalties ($1,000) is due within 30 days of the signature date of the Board Order.