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2012-07-12_ENFORCEMENT - M2012018
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2012-07-12_ENFORCEMENT - M2012018
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Last modified
8/24/2016 5:03:20 PM
Creation date
7/16/2012 3:54:29 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2012018
IBM Index Class Name
ENFORCEMENT
Doc Date
7/12/2012
Doc Name
FINDINGS OF FACT, CONCLUSIONS OF LAW & ORDER
From
DRMS
To
BERBARD BUSTER
Violation No.
MV2012024
Email Name
MAC
Media Type
D
Archive
No
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rock. The Division observed piles of moss rock along the entire length of the road. <br />The Division found the disturbed area to be 0.14 acres. The Operator does not <br />possess a reclamation permit. <br />4. On May 29, 2012, the Division sent the Operator a Reason to Believe <br />a Violation Exists letter and the May 15, 2012 inspection report. The Division's <br />letter provided notice regarding the alleged violations and information about the <br />July 2012 hearing. <br />5. On June 27, 2012, the Operator signed a Staff Summary Form for <br />Consent Agenda Items in which the Operator admitted the violation and agreed to <br />the Division's recommendations. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2011) ( "Act "). <br />7. Section 34- 32.5 - 109(1), C.R.S. requires an operator to obtain a <br />reclamation permit before engaging in a new mining operation. The Operator is <br />conducting a mining operation prior to obtaining a reclamation permit, in violation <br />of section 34- 32.5 - 109(1), C.R.S. <br />8. Section 34 -32.5- 123(2), C.R.S. provides for a civil penalty of not less <br />than $1,000 per day and not more than $5,000 per day for each day during which <br />the violation occurs. The Board may impose a penalty based on 58 days of violation <br />(from the inspection date to the July 11, 2012 Board meeting) at $1,000 to $5,000 <br />per day for a total civil penalty of $58,000 to $290,000. <br />9. Pursuant to section 34- 32.5 - 124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that the Operator violated any provision of the Act. <br />The Operator is in violation of section 34 -32.5- 109(1), C.R.S. <br />Bernard Buster <br />M- 2012 -018 <br />MV- 2012 -024 <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of section 34- 32.5- 109(1),C.R.S. for failing to <br />obtain a reclamation permit before engaging in a new operation. <br />The Operator shall CEASE AND DESIST all activities at the site, except for <br />Division - authorized reclamation and environmental maintenance activities, until <br />all areas affected by the operation are included in a reclamation permit issued by <br />the Division or the Board. <br />2 <br />
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