2009-04-23_INSPECTION - M2007035

• Permit No: M2007035
• IBM Index Class Name: INSPECTION
• Doc Date: 4/23/2009
• Doc Name: Cease and Desist Order
• From: DRMS
• To: Glenn E. Sessions & Sons, Inc.
• Inspection Date: 4/15/2009
• Email Name: PSH
• Media Type: D
• Archive: No

~~~~~~'
DIVISION OF RECLAMATION, MINING AND SAFETY
CEASE AND DESIST ORDER APR L ~ 1uu;i
Division of necl~ma6on,
Operator/Company Name: Location: ~ `~~~
Glenn E. Sessions & Sons, Inc. Bond Pit 1`l~ o?dd ~~ ~ 3S
Mr snrdi>n Rrocker S 9,,1' 9 N, R 79 W
Address: 33497 Highway, P (~_ Rox 1 X76
(Legal -Section, Township, Range)
3 miles north of Walden, Colorado east of
Hi way.125
(Distance and direction from nearest city)
Phone: [phone]
112c -Surface
(Operation Type)
d~sl~se~
(Countyl
Sand
(Commodity Mined)
The Division of Reclamation, Mining and Safety ("the Division") has conducted an inspection of the
above-referenced operation and has determined that you are or appear to be:
X_conducting a mining operation without a permit in violation of C.R.S. 34-32-109(1), or
C.R.S. 34-32.5-109(1)
conducting prospecting or exploration without having filed a notice of intent to conduct
prospecting or exploration operations as required by C.R.S. 34-32-113(1), or C.R.S. 34-
32.5-113(1)
Whenever an operator fails to obtain a valid permit or file a Notice of Intent to Conduct Prospecting
or Exploration, the Board or Division may issue an immediate cease and desist order. C.R.S 34-32-
123 and 34-32.5-123. Concurrently with the issuance of such an order, the Board or Division may
seek a restraining order or injunction. C.R.S 34-32-123 and 34-32.5-123.
Sections 34-32-123(2) and (3), C.R.S. (Colorado Mined Land Reclamation Act) and 34-32.5-123(2)
and (3), C.R.S (Colorado Land Reclamation Act for the Extraction of Construction Materials) also
provide for imposition of civil penalties. Both statutes provide a civil penalty of $1,000 to $5,000 per
day for mining without a permit and $50 to $200 per day for prospecting or exploration without
having filed a notice to conduct such activity and for hard rock limited impact mining operations
without a permit that are regulated under C.R.S. 34-32-110 for each day the land has been affected
for up to a maximum of 60 days. For unpermitted construction material mining operations, the civil
penalty may be imposed for each day the land has been affected for up to a maximum of 365 days.
C.R. S . 34-32.5-123 (2).
Under the authority vested in the Division by C.R.S. 34-32-123(1) and C.R.S. 34-32.5-123(1), you
are hereby ordered to immediately cease and desist all mining, prospecting, and exploration activities
other than those required to prevent damage to off-site areas or protect the public health and safety.
The Division will send a report of its inspection within 10 days. You will also receive a 30-day
advance notice, by Certified Mail, of a hearing to beheld before the Mined Land Reclamation Board
to consider the above described possible violation.