2013-06-25_ENFORCEMENT - M1995007

• Permit No: M1995007
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/25/2013
• Doc Name: Findings of Fact, Conclusions of Law and Order
• From: DRMS
• To: Bent County Ready Mix
• Violation No.: MV2013022
• Email Name: TOD
• Email Name: TAK
• Media Type: D
• Archive: No

4. On May 9, 2013, the Division sent the Operator a Reason to Believe a
Violation Exists letter ( "RTB letter "). The Division's letter provided notice
regarding the alleged violations and information about the June 2013 hearing.
5. On April 4, 2013, the Division received the May 9, 2013 RTB letter
from the Operator with a handwritten note stating: "I (Joe Thomeczek) do not plan
on submitting an increase in the financial warranty for permit #M- 1995 -007. I do
not have any access to permitted pit area and wish to be released from any further
actions. Thank you. Joe Thomeczek."
CONCLUSIONS OF LAW
6. 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. (2012) (`Act ").
7. Under section 34- 32.5- 117(4)(b)(I), C.R.S. and Rule 4.2.1(1) and (4) of
the Mineral Rules and Regulations of the Board (`Rules "), every operator must
maintain a financial warranty sufficient to assure completion of reclamation of
affected lands. The current financial warranty for permit number M -1995 -007,
$9,500, is insufficient to assure reclamation of the site. The Operator failed to
maintain a sufficient financial warranty in violation of section 34- 32.5- 117(4)(b)(I),
C.R.S. and Rules 4.2.1(1) and (4).
8. Under section 34- 32.5- 117(4)(c)(II), C.R.S. and Rule 4.2.1(2), every
operator has sixty days after the date of notice of an adjustment to fulfill new
financial warranty requirements. The Operator failed to fulfill new financial
warranty requirements within sixty days of the notice of an adjustment, in violation
of section 34- 32.5- 117(4)(c)(11), C.R.S. and Rules 4.2.1(2).
9. The Board may issue a cease and desist order when it determines that
a provision of the Act has been violated. C.R.S. § 34- 32.5 - 117(2) (2012). The
Operator violated section 34- 32.5- 117(4)(b)(I) and (c)(II), C.R.S.
10. The Board may impose 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. C.R.S. § 34-
32.5- 124(7) (2012). Here, the Board may impose a penalty based on 39 days of
violation (from the date of the inspection report corrective action deadline to the date
of the Board's June 12, 2013 hearing) at $100 to $1,000 per day for a civil penalty of
$3,900 to $39,000.
Bent County Ready Mix
Thomeczek Pit, M- 1995 -007
MV -MV- 2013 -022 2