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STAFF SUMMARY FORM FOR <br />CONSENT AGENDA ITEMS <br />Date October 12, 2010 Operator Elbert Coup <br />Permit No. M-2001-056 Site Name Belveal Gravel Pit <br />Specialist Jared Ebert Ob' in Partv N/A <br />Action: <br />Action Check <br />Permit a lication with objections <br />Violation X <br />Extension of Board-ordered deadline <br />Other (specify)- <br />Resolution: <br />NATURE OF VIOLATION. <br />This item is in regards to a Notice of a Possible Violation, Cease and Desist Order, corrective <br />actions and civil penalties for a possible violation of C.R.S. 34-32.5-116 (4) (1) for failure to <br />protect areas outside of the affected land from slides or damages occurring during the mining <br />operation. <br />CHRONOLOGY: <br />September 27, 2010 - The Division conducted a monitoring inspection of the site and found the <br />Operator had affected land outside of the northern and eastern permit boundaries and constructed <br />a haul road outside of the permit area. Overall, approximately 1.49 acres has been affected <br />outside of the permit area. <br />October 15, 2010 - A Reason to Believe letter and the Division's September 27, 2010 inspection <br />report was sent to the Mr. Ed Ehmann of Elbert County. <br />REASONFOR VIOLATION: <br />The Operator has affected approximately 1.49 acres outside of the approved permit boundary. It <br />is the Operator's responsibility to protected areas outside of the affected land from slides or <br />damages occurring during the mining and reclamation operation in accordance with C.R.S. 34- <br />32.5-116 (4) (i). <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34-32.5-116 (4) (i) for failure to protect areas outside of the <br />affected land from slides or damages occurring during the mining operation.' <br />Cease and Desist Order: <br />0 - d 6S i E Tag EOE me awu auoN A1Wn00 1213813 06:21 0 T 02 20 A014