2011-07-21_ENFORCEMENT - M2011034

• Permit No: M2011034
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/21/2011
• Doc Name: Consent agenda summary form
• From: DRMS
• To: Cooley & Sons Excavating, Inc.
• Email Name: RCO
• Media Type: D
• Archive: No

STAFF SUMMARY FORM FOR
CONSENT AGENDA ITEMS
Date: August 10, 2011 Operator: James Cooley, Cooley & Sons Excavation, Inc.
File No.: M- 2011 -034 Site Name: Cooley Site
Specialist: Bob Oswald Objecting Party: NA
Action:
Permit Application with Objections
X Violation
Extension of Board - ordered Deadline
Other (specify)
Resolution:
Board consideration of a Possible Violation, Cease and Desist Order, corrective actions and civil penalties for failure
to obtain from the Board or Office a reclamation permit prior to engaging in a new operation. The Operator has
affected approximately one (1.0) acre.
Chronology:
• June 13, 2011 — The Division received a written complaint of possible illegal mining at the Cooley Site.
• June 23, 2011— The Division performed an inspection of the Cooley Site, accompanied by the Operator, and
found evidence of disturbance from mining - related activities.
• July 1, 2011 — The Division mailed an inspection report to the Operator, noting that the disturbance was
considered unpermitted mining, and the matter would be placed on the agenda of the August 2011 Board
meeting.
Violation:
Find a violation of C.R.S. 34- 32.5- 109(1) for failure to obtain a Mined Land Reclamation Board Reclamation Permit
prior to engaging in a new mining operation.
Cease and Desist Order:
Issue a Cease and Desist Order prohibiting any further mining activities, except for those activities required to
prevent damage to offsite areas, or to protect public health and safety until the operator complies with the Board
Order.
Corrective Action:
Require the operator to obtain a Construction Materials 110c Reclamation Permit, which incorporates the area
affected by the unpermitted mining disturbance, within 180 days of the mailing date of the signed Board Order.
Civil Penalty:
For a violation of C.R.S. 34- 32.5- 109(1), in accordance with C.R.S. 34- 32.5 - 123(2), a Civil Penalty may be assessed
at a rate of $1,000 to $5,000 per day for each day of violation. In this case, the duration is 48 days (from the date of
the inspection to the date of the Board meeting).
The Division will assess a civil penalty of $1,000 per day of violation for 48 days, for a civil penalty of $48,000, with
all but $1,000 suspended if the Operator complies with the corrective action. Payment of the unsuspended portion of
the civil penalty ($1,000) is due within 30 days of the mailing date of the signed Board Order.