2010-12-20_ENFORCEMENT - M2004028 ‎(2)‎

• Permit No: M2004028
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/20/2010
• Doc Name: Un-signed Consent Agenda Form
• From: DRMS
• To: Febbraro Construction Company
• Email Name: JLE
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
STAFF SUMMARY FORM FOR
CONSENT AGENDA ITEMS
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
Date December 20, 2010 Operator Febbraro Construction Company
Permit No. M-2004-028 Site Name Broyles Pit
Specialist Jared Ebert Obiectin Par N/A
Action:
Action Check
Permit application with objections
Violation X
Extension of Board-ordered deadline
Other (specify).
Resolution:
NATURE OF VIOLATION.
This item is in regards to a Notice of a Possible Violation, Cease and Desist Order, corrective actions and
civil penalties for a possible violation of C.R.S. 34-32.5-116 (4) (i) for failure to protect areas outside of
the affected land from slides or damages occurring during the mining operation.
CHRONOLOGY.-
December 10, 2010 - The Division conducted a monitoring inspection of the site and found the Operator
had affected land outside permit boundaries. The land affected outside of the permit boundary appears to
be a product storage area containing two large stockpiles and several small stockpiles of mined material.
It appears material has recently been excavated from these stockpiles and likely taken offsite. This area is
located north of the eastern pit. The approved mining plan map indicates the eastern pit area would be
south of the access road. This 1.8 acre storage area is north of the access road.
December 22, 2010 - A Reason to Believe letter and the Division's December 10, 2010 inspection report
was sent to the Mr. Joseph Febbraro of Febbraro Construction Company.
REASON FOR VIOLATION.
Office of Office of
Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines