2011-12-09_ENFORCEMENT - M2000089

• Permit No: M2000089
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/9/2011
• Doc Name: Findings of Fact, Conclusion of Law and Order.
• From: DRMS
• To: Ignacio Vasquez, Sr.
• Violation No.: MV2011034
• Email Name: MAC
• Email Name: TAK
• Media Type: D
• Archive: No

5. The Operator disturbed 1.9 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.
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. Operators are required to protect areas outside the affected land from
slides or damage occurring during the mining operation and reclamation. C.R.S.
§ 34- 32.5- 116(4)(i) (2010). The Operator affected 1.9 acres of land outside the
approved affected area boundary, in 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 42 days of violation
(from the inspection date to the hearing date) at $100 to $1,000 per day for a civil
penalty of $4,200 to $42,000.
Ignacio Vasquez, Sr.
Perdue Site, M- 2000 -089
MV- 2011 -034
CONCLUSIONS OF LAW
ORDER
The Operator did not appear in this matter to present any mitigating factors.
There is no information before the Board indicating that any action other than the relief
requested is appropriate. Therefore, based on the foregoing, the Board enters the
following 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 Board imposes against the Operator the following CORRECTIVE
ACTION: the Operator shall provide all materials necessary for a 112c conversion
application to secure a reclamation permit for all areas affected by the mining
operation within 60 days of the effective date of this Order.
The Board imposes a CIVIL PENALTY for 42 days of violation at $100 per
day for a total civil penalty of $4,200. All but $200 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, $200, shall be due and payable within 30 days of
the effective date of this Order.
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