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i ~p~/// <br />MINERALS PROGRAM Agenda Item No. 40 <br />Unpermitted Operation/Possible Violation/Civil Penalty <br />Presentation Form <br />General Information ,~Q1 <br />File No.: M-88-037 Date: April 25, 1987 ~ ` <br />Operator: Skelton, Inc. Commodity: Sand and Gravel <br />Location: San Miguel/Montrose Acreage: 20 <br />Counties Specialist: Steven G. Renner <br />Nature and Duration of Violation <br />Mining without a permit. Mining operations have occurred on two, <br />approximately 10 acre tracts. Operator has mined this site since about <br />February, 1987. Topsoil and overburden are stockpiled on site. No <br />reclamation has occurred. <br />Seriousness <br />nsignificant XX Moderate Severe <br />Actual environmental damage is minimal. Potential seriousness is moderate in <br />that no reclamation plan or financial warranty had been submitted. <br />Fault <br />Negligent _ Willful ' <br />Operator believed that, as an historic pit, the operation had been <br />"Grandfathered" under the Mined Land Reclamation Act. <br />STAFF RECOMMENDATION <br />Violation: Issue a Notice of Violation for Mining Without a Permit <br />mid (C.R.S. 34-32-109). <br />rl~'/~ Cease and Desist: Issue a Cease and Desist Order for the operation. <br />Corrective Action: Obtain Board approval fora regular (112) permit by <br />May 31, 1988. <br />Civil Penalty: •7 As Board deems appropriate. Please Note: <br />operator has ceased all operations as of <br />March 16, 198 g; <br />~,,~D G ~ `,N~ <br />I'~u v~ f - operator has submitted an approvable 112 application; <br />L -'P ~~ ~/a, pp d'°J' - operator has indicated that financial warranty will <br />/~h~a"`' `~ ~„•r be in place as of May 25, 1988. <br />~ i~ <br />5''S~"~ ~ , / If Board wishes to consider a civil penalty, operator must <br />~,5-no•O~ i5 i5s~~ be asked to waive twenty day notification. <br />p~nr'' ~ 3 ~ , r~fl <br />gy S' <br />