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2010-09-16_ENFORCEMENT - M2000149
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2010-09-16_ENFORCEMENT - M2000149
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Last modified
8/24/2016 4:22:33 PM
Creation date
9/21/2010 8:03:50 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2000149
IBM Index Class Name
ENFORCEMENT
Doc Date
9/16/2010
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Dumb and Dumber Trucking, LLC
Violation No.
MV2010013
Email Name
ECS
Media Type
D
Archive
No
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completion of reclamation of the affected land, and § 34-32.5-117(6), C.R.S., for failing to <br />maintain a financial warranty in good standing for the entire life of the permit. The Board <br />issued a Cease and Desist order prohibiting any further activities at the site "until a sufficient <br />reclamation bond has been posted and corrective actions have been implemented and <br />approved by the Division." The Board also ordered the following alternative corrective <br />actions: The Operator shall post an appropriate reclamation bond for existing site conditions <br />and submit a technical revision to the mining plan to address changes in mining practice and <br />implement appropriate safety measures. Alternatively, the Operator shall reslope the high <br />wall to no greater than a three-to-one (3:1) slope in accordance with the approved mining <br />plan. The Operator shall properly salvage and maintain all impacted topsoil during resloping <br />activity for use in final reclamation. <br />6. Further, the Board assessed a civil penalty of $59,000.00 with all but <br />$5,000.00 suspended if the Operator complied with the July 7, 2010 Order within 30 days of <br />the Order's signature date. <br />7. The Operator posted a $34,000 financial warranty on August 4, 2010. The <br />Operator also filed a technical revision for the site on August 11, 2010. The Operator has <br />complied with the corrective actions imposed by the Board in its July 7, 2010 Order. <br />8. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104, 105 <br />and 124 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />§ 34-32.5-101 et seq. C.R.S. (2009). <br />ORDER <br />Based on the above, the Board modifies its July 7, 2010 Order and sets the amount of <br />the unsuspended portion of the civil penalty owed at $500 instead of $5,000 because the <br />terms and conditions of the corrective actions were met. <br />DONE AND ORDERED this/3--Nay of , 2010. <br />FOR THE COLORADO MINED LAND RECLAMA,TIOP BOARD <br /> <br /> <br />Mined Land Reclamation Board <br />Dumb and Dumber Trucking, Barton Pit 2 <br />M-2000-1.49 <br />MV-2010-013
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