2011-02-28_ENFORCEMENT - M2004028

• Permit No: M2004028
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/28/2011
• Doc Name: Finding of Fact, Conclusions of Law, and Order
• From: DRMS
• To: Febbraro Construction Company
• Violation No.: MV2011004
• Email Name: JLE
• Media Type: D
• Archive: No

5. The Operator affected 1.8 acres of land outside of the approved permit
boundary, and therefore failed to protect areas outside of the affected land from
slides or damages occurring during the mining and reclamation operation.
CONCLUSIONS OF LAW
6. The Board has jurisdiction over this matter pursuant to sections 34-
32.5-104 through 107, and 124 of the Colorado Land Reclamation Act for the
Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2010) ("Act").
7. The Operator affected 1.8 acres of land outside of the permit boundary,
and therefore failed to protect areas outside of the affected land from slides or
damages occurring during the mining and reclamation operation, which is a
violation of section 34-32.5-116(4)(i), C.R.S.
8. Section 34-32.5-124(7), C.R.S. provides for a civil penalty of not less
than $100 per day nor more than $1,000 per day for each day during which a
violation occurs. The Board may impose a penalty based on 61 days of violation
(from the December 10, 2010 inspection to the February 9, 2011 hearing) at $100 to
$1,000 per day for a civil penalty of $6,100 to $61,000.
9. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a
Cease and Desist Order if it determines that any provision of Article 32.5 of the Act
was violated.
ORDER
The Board finds the Operator in violation of section 34-32.5-116(4)(i), C.R.S.,
for failing to protect areas outside of the affected land from slides or damages
occurring during the mining operation.
The Operator shall CEASE AND DESIST activities on lands outside of the
approved boundary until all corrective actions are completed.
The Board imposes against the Operator the following CORRECTIVE
ACTION: the Operator shall submit and receive approval of a conversion
application from the Division to increase the permit acreage to encompass the
current affected land. The conversion application must be submitted by May 12,
2011 and in an approvable form by August 11, 2011.
The Board imposes a CIVIL PENALTY for 61 days of violation at $100 per
day for a total civil penalty of $6,100. All but $100 of the penalty is suspended if the
Operator complies with the corrective action in the time specified. The portion of
the civil penalty not suspended, $100, shall be due and payable within 30 days of
this Order's signature date.
Febbraro Construction Co.
Broyles Pit, M-2004-028
MV-2011-004
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