2011-06-30_ENFORCEMENT - M2011014

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2. We did not intend to initiate, and did not believe that we had initiated a mining operation, but simply were constructing a project on our own property and for our own benefit, similar to other projects currently and recently conducted in the near vicinity of our property. We expected that we would be able to explain that to the Board at the hearing. 3. We were not fully understanding of the nature of the proceedings or the law under which the proceedings were being conducted, and therefore, did not adequately prepare for the proceedings and were unable to adequately explain our situation and actions. We believe that if we had done a better job of explaining our actions, either through consultation with experienced persons, or through our own research, the Board would have either determined that we were not in violation of the law, or would have determined that a lesser penalty was appropriate. 4. We are also requesting that (based upon the circumstances and facts as presented above and at the original hearing, and our own personal circumstances) the civil penalty be reduced, for the following reasons: a. We did not substantially profit or benefit from the activities; all of the money paid for the cost of loading, hauling, and unloading earth removed from the site was used to offset the costs of the construction work, but were nowhere close to paying for the total cost of the work needed to make the site usable for our intended purpose. b. We are not able to pay the large (to us, at least) penalty levied without having to sell the land or the very equipment necessary to complete the construction project, or having to sell other personal property or equipment, which would in turn jeopardize our livelihood. Like many individuals, families, and businesses in Archuleta County, we are suffering from the economic conditions and are living on a very thin margin. c. We did not understand that we were doing "mining" or "extraction" of "construction materials" and did not intentionally violate any law or regulation. d. The imposition of such a penalty may in turn jeopardize our holding of other state and local permits and licenses which are essential for our business and livelihood. e. The cost of obtaining a reclamation permit, as ordered by the Board, in addition to the cost of the penalty imposed, further increases the potential that we will be irreparably harmed economically, by efforts to pay both the penalty and the cost of obtaining permit and bond. 5. If the Board will not reduce the penalty, then we request that the Board reconsider the time in which the penalty must be paid, as we currently do not have the ability to pay the $5,509.76 by the 9 of July, 2011, nor do we have the ability to borrow such a sum to pay that penalty. Therefore, we request that we be allowed to pay the penalty over a period of 12 months. 6. We understand the cost of the Divisions investigation and believe that we can pay the $509.76 within 60 days, or by the 8 of August, 2011. We do request that, if possible, that amount might be applied to the permit fee for a 110 reclamation permit, since much of the Division's investigation work negates the need for additional work in the review of the application for the reclamation permit. 7. We are willing to complete the Corrective Action as imposed by the Board, of submitting the materials necessary to obtain a Construction Materials 110 Reclamation Permit, if the activities necessary to complete our construction project are still deemed to require such a permit, but we do wish to ask the Board to consider the following and perhaps revise the corrective action required: a. We believe, based on advice from persons familiar with County government and requirements, and the circumstances of the Aspen Springs Metropolitan District, as well as their initial action in filing the complaint with the Division, that it is very unlikely that the County will approve a reclamation permit, but instead take the position that the zoning and county regulations, as well as other state regulations and laws, would prohibit mining and therefore not allow a reclamation permit to be issued.