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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 C O L O R A D O <br />Denver, Colorado 80203 D I V IS I O N OF <br />Phone: (303) 866-3567 RECLAMATION <br /> M I N I N G <br />FAX: (303) 832-8106 <br /> SAFETY <br /> Bill Ritter, Jr. <br /> Governor <br /> Mike King <br /> Executive Director <br /> STAFF SUMMARY FORM FOR <br /> CONSENT AGENDA ITEMS Loretta E. Pineda <br /> Director <br />Date December 20, 2010 Operator Febbraro Construction Company <br />Permit No. M-2004-028 Site Name Broyles Pit <br />Specialist Jared Ebert Objecting Party N/A <br />Action: <br />Action Check <br />Permit application with objections <br />Violation X <br />Extension of Board-ordered deadline <br />Other (specify). <br />Resolution: <br />NATURE OF VIOLATION. <br /> <br />This item is in regards to a Notice of a Possible Violation, Cease and Desist Order, corrective actions and <br />civil penalties for a possible violation of C.R.S. 34-32.5-116 (4) (i) for failure to protect areas outside of <br />the affected land from slides or damages occurring during the mining operation. <br />CHRONOLOGY.- <br />December 10, 2010 - The Division conducted a monitoring inspection of the site and found the Operator <br />had affected land outside permit boundaries. The land affected outside of the permit boundary appears to <br />be a product storage area containing two large stockpiles and several small stockpiles of mined material. <br />It appears material has recently been excavated from these stockpiles and likely taken offsite. This area is <br />located north of the eastern pit. The approved mining plan map indicates the eastern pit area would be <br />south of the access road. This 1.8 acre storage area is north of the access road. <br />December 22, 2010 - A Reason to Believe letter and the Division's December 10, 2010 inspection report <br />was sent to the Mr. Joseph Febbraro of Febbraro Construction Company. <br />REASON FOR VIOLATION. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines