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..= r III IIIIIIIIIIIIIIII ~ MINERALS PROGRAM Agenda Item No. 22 Prospecting, 110 Permits & 110 Unpermitted Sites Possible Violation/Civil Penalty Presentation Form NOTE: All Division exhibits should be marked prior to the hearing. A list of Division exhibits with identifying marks should be prepared for the record and given to the Board's secretary at the hearing. Division exhibits should then be made a part of the permit file. General Information File No.: M-92-054 Operator: C & J Gravel Products Pine River Cattle Company, E. Earl Hickam Nature and Duration of Violation -Mining without a permit December 7, 1991 to May 28, 1992 Seriousness Serious D C Fault Willful Date: May 28, 1992 Commodity: Gravel . Acreage: 3-4 acres Specialist: Larry Oehler Location: 8 miles south of Ignacio, CO B A Insignificant Gross negligence Negligent No-fault STAFF RECOMMENDATION Violation: Find C & J Gravel Products to be in a violation of C.R.S. 34-32-109 for operating without a Mining and Reclamation Permit. Cease and Desist: Issue a Cease and Desist Order to C & J Gravel Products prohibiting further activity in the area until a permit for reclamation only is obtained. Corrective Action: Order C & J Gravel Products to obtain by July 31, 1992 a Limited Impact 110(2) Permit for Reclamation Only of the disturbed area, and that the reclamation work be completed by May 1, 1992. Civil Penalty: Order a Civil Penalty of $7,800.00 based on the maximum of 60 days of violation at $130.00 per day. The Division recommends that one half of the civil penalty be suspended contingent upon completion of the corrective actions specified above. The unsuspended portion of the civil penalty is to be paid within 30 da ith the balance of the civil penalty due y April 20, 1992, if the corrective actions a LDO/yjb y- ~i 3284E ~~ ®~ ~ L~ w_.- ei~ ~