Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2012 -016 <br />AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE NOTICE OF POSSIBLE VIOLATION BY IGNACIO VASQUEZ, <br />SR., CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILURE TO PROTECT <br />AREAS OUTSIDE OF THE AFFECTED LAND, File No. M -2000 -089 <br />THIS MA'11'ER came before the Mined Land Reclamation. Board ( "Board ") on April 11, <br />2012 and October 10, 2012 in Denver, Colorado to consider a possible violation and civil <br />penalties against Ignacio Vasquez, Sr. ( "Operator ") for failure to comply with the conditions of a <br />Board order, permit, or regulation, file number M- 2000 -089_ Michael Cunningham appeared on <br />behalf of the Division of Reclamation, Mining and Safety ( "Division "). Arthur Vasquez <br />appeared on behalf of the Operator at the April 11, 2012 hearing; Lucia Vasquez appeared on <br />behalf of the Operator at the October 10, 2012 hearing. <br />The Board, having considered the materials presented with this matter, the parties' <br />presentations, and having been otherwise fully informed of the facts in this matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit, number M2000 -089, for a 9.7 -acre sandstone <br />operation. The site, known as the Perdue site, is located in Section 5, NW Y4, Township 3 North, <br />Range 70 West, 6th Principal Meridian, 3.5 miles northwest of Lyons, Colorado in Boulder <br />County. <br />2. The Division conducted an inspection of the site on May 25, 2011 and observed <br />that the northeast and southeast permit boundary markers were missing. The Operator was <br />present for the inspection. The Division notified the Operator of a possible violation and <br />required the Operator to conduct a survey and replace the boundary markers. <br />3. The Division conducted a follow -up inspection of the site on August 31, 2011 and <br />found that the Operator had replaced the northeast and southeast permit boundary markers_ The <br />Division determined that 11.6 acres had been disturbed. <br />4. On September 2, 2011, the Division sent the Operator the inspection report and a <br />Reason to Believe a Violation Exists letter which provided notice regarding the alleged violation <br />and the October 2011 hearing. <br />5. The Operator disturbed 1.9 acres of land outside of the approved permit <br />boundary, and therefore failed to protect areas outside of the affected land from slides or <br />damages occurring during the mining and reclamation operation. <br />