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STAFF SUMMARY FORM FOR <br />CONSENT AGENDA ITEMS <br />Date December 20, 2010 Operator Febbraro Construction Company <br />Permit No. M-2004-028 Site Name Broyles Pit <br />Specialist Jared Ebert Objecting Par N/A <br />Action: <br />Action Check <br />Permit application with objections <br />Violation X <br />Extension of Board-ordered <br />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) (i) for failure to <br />protect areas outside of the affected land from slides or damages occurring during the mining <br />operation. <br />CHRONOLOGY.: <br />December 10, 2010 - The Division conducted a monitoring inspection of the site and found the <br />Operator had affected land outside permit boundaries. The land affected outside of the permit <br />boundary appears to be a product storage area containing two large stockpiles and several small <br />stockpiles of mined material. It appears material has recently been excavated from these <br />stockpiles and likely taken offsite. This area is located north of the eastern pit. The approved <br />mining plan map indicates the eastern pit area would be south of the access road. This 1.8 acre <br />storage area is north of the access road. <br />December 22, 2010 - A Reason to Believe letter and the Division's December 10, 2010 <br />inspection report was sent to the Mr. Joseph Febbraro of Febbraro Construction Company. <br />REASON FOR VIOLATION: <br />The Operator has affected approximately 1.8 acres of land more than they are currently <br />approved. It is the Operator's responsibility to protected areas outside of the affected land from <br />slides or damages occurring during the mining and reclamation operation in accordance with <br />C.R.S. 34-32.5-116 (4) (i).