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2011-10-14_ENFORCEMENT - M1986002
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2011-10-14_ENFORCEMENT - M1986002
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Last modified
8/24/2016 4:44:01 PM
Creation date
10/18/2011 8:15:22 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1986002
IBM Index Class Name
ENFORCEMENT
Doc Date
10/14/2011
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Oldcastle SW Group, Inc.
Violation No.
MV-2011-022
Email Name
THM
Media Type
D
Archive
No
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The Board imposes against the Operator the following CORRECTIVE ACTION: <br />A. The Operator shall, within 180 clays of the effective date of this Order, <br />provide all materials necessary to allow the Board or the Division to <br />issue a reclamation permit that includes and addresses all areas <br />affected by this construction materials extraction operation, including <br />the required financial warranty as calculated by the Division during <br />the permitting process. <br />B. The Operator shall, within 30 days of the effective date of this Order, <br />submit an interim reclamation bond in a form acceptable to the <br />Division in the amount of two thousand dollars ($2,000) per acre for a <br />total of six thousand dollars ($6,000). <br />The Board imposes a CIVIL PENALTY fbr 43 clays of violation at $1,000 per <br />day for a civil penalty of $43,000. All but $5,000 of the civil penalty is suspended if <br />the Operator complies with the corrective action in the time specified. In addition, <br />the Board imposes a CIVIL PENALTY in the amount. of $566.40 pursuant to section <br />34- 32.5 - 123(4), C.R.S. for investigation costs incurred by the Division. The portion <br />of the total civil penalty not; suspended, $5,566.40, shall be due and payable within <br />thirty (30) days of the effective date of this Order. <br />DONE AND ORDERED this . day of roc ' 2 011. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Oldcastle SW Group, Inc. <br />Craig Ranch Pit, M -1986 -002 <br />MV- 2011 -022 <br />Elizabeth Paranhos, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a notice of appeal with the district court within thirty (30) clays after the effective <br />date of this order, pursuant to section 24 - - 106, C.R.S. (2010). In the event that an <br />appeal is filed, designations of record made in accordance with section 24 -4- 106(6), <br />C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br />CO 80203, Attention: Sitira Pope. <br />3 <br />
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