2012-06-28_ENFORCEMENT - M2004030

• Permit No: M2004030
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/28/2012
• Doc Name: FINDINGS OF FACT, CONCLUSIONS OF LAW & ORDER
• From: DRMS
• To: BONE STONE
• Email Name: MAC
• Media Type: D
• Archive: No

6. The Operator affected 0.71 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.
T Bone Stone, Inc.
T Bone Stone Quarry, M -2004 -030
MV -2012 -023
CONCLUSIONS OF LAW
7. The Board has jurisdiction over this matter pursuant to the Colorado
Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of
Title 34, C.R.S. (2011) ( "Act").
S. Operators are required to protect areas outside of the affected land
from slides or damage occurring during mining operation and reclamation. § 34-
32.5-116(4)(i), C.R.S. (2011). The Operator affected 0.71 acres of land outside of the
permit boundary in violation of section 34- 32.5- 116(4)(i), C.R.S.
9. 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 50 days of violation
(from the April 25, 2012 inspection to the June 13, 2012 Board Meeting) at $100 to
$1,000 per day for a civil penalty of $5000 to $50,000.
10. Pursuant to section 34- 32.5- 124(2), C.R.S., the Board may issue a cease
and desist order if it determines that any provision of the Act was violated.
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 damage
occurring during the mining operation.
The Operator shall CEASE AND DESIST activities on lands outside of the
approved boundary until all corrective actions are completed.
The Board imposes against the Operator the following CORRECTIVE
ACTION: The Operator shall submit a Conversion Application to modify the
permit/affected area to incorporate the entire disturbed area. The Operator shall
submit a Conversion Application within 30 days of the mailing date of the Board
Order, with all material in an approvable form within 120 days of the effective date of
this Order.
The Board imposes a CIVIL PENALTY for 50 days of violation at $100 per day
for a total civil penalty of $5,000. All but $500 of the penalty is suspended if the
Operator complies with the corrective action in the time specified. The portion of the
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