2012-06-01_ENFORCEMENT - M2012018

• Permit No: M2012018
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/1/2012
• Doc Name: STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS
• From: BERNARD BUSTER
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

Consent Agenda Form
Page 12
May 29, 2012
the disturbed area with a Trimble Juno GPS unit and found the disturbed area to be 0.14 acres in
size. Numerous pallets of stacked moss rock were observed throughout the site. Based on the
findings of the inspection, the Division had reason to believe the Operator was in violation of
C.R.S. 34- 32.5 - 109(1) for failure to obtain from the Board or Office a reclamation permit prior to
engaging in a new mining operation.
May 29`h, 2012 — The Division sent the operator a copy of the inspection report.
May 29`h, 2012 — The Division sent the Operator a Notice of Possible Violation for failure to
obtain from the board or office a reclamation permit prior to engaging in a new mining operation.
REASON FOR VIOLATION:
The Operator has affected approximately 0. 14 acres prior to obtaining a reclamation permit from
the Board or Office.
STAFF RECOMMENDATION:
Violation:
Find a violation of C.R.S. 34- 32.5 -109 (1) for failure to obtain from the board or office a
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 off -site areas or protect the public health and safety until the
Operator complies with the Board Order.
Corrective Action(s):
Require the Operator to submit a Construction Materials Reclamation Permit Application to
incorporate the disturbed area. The Operator shall submit a Construction Materials Reclamation
Permit Application within 60 days, with all material in an approvable form within 120 days of the
signature date of the Board Order.
Civil Penalty:
For a violation of C.R.S. 34- 32.5 -109 (1), a Civil Penalty may be assessed at a rate of $1,000.00
to $5,000.00 for each day of violation. In this case, there are 30 days of violation (from the date
of Inspection on May 15`h, 2012 to the June 13`h, 2012 Board Meeting).
The Division will assess a civil penalty of $1,000.00 per day of violation for 30 days. For a civil
penalty amount of $30,000.00 with all but $500.00 suspended if the Operator complies with the
corrective action.
Payment of the un- suspended portion ($500) of the civil penalties is due within 30 days of the
mailing date of the Board Order.