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EL ??z7 <br />Ww" -- 'STAFF SUMMARY FORM FOR <br />DEC 14 2010 CONSENT AGENDA ITEMS <br /> <br />?EC 13 2010 <br />CRA;JD JLNI'? i ;!j: rIELD OFFICE <br />DMS:0111? 01 <br />i ECLAL4PTNDi!i F,?`f+It?!? & SAFE- +`< <br />Date JAM" mo am-, 12/15/2010 Operator Hardrock Sand and Gravel <br />Permit No. M-1977-443 Site Name Moon Pit No. 2 <br />Specialist Dustin Czapla Objecting Party NA <br />Action: <br />Permit Application with objections <br />X Violation <br />Extension of Board-ordered deadline <br />Other (specify) <br />Resolution: <br />Board consideration of a Possible Violation, Cease and Desist Order, corrective actions and civil penalties <br />for failure to obtain first from the Board or Office a reclamation permit prior to engaging in a new <br />operation. <br />NATURE OF VIOLATION: <br />The Operator has affected approximately 4.5 acres outside the affected area approved under the terms <br />of DRMS Permit No. M-1977-443. <br />CHRONOLOGY: <br />November 9, 2010 -The Division conducted an inspection of the site and found that land had been <br />affected outside of the approved permit area. <br />November 10, 2010-A Reason to Believe a Violation Exists and Notice of Board Hearing letter was sent, <br />Certified Mail, to the Operator. <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34-32.5-109(1) for failure to first obtain from the board or office a reclamation <br />permit prior to engaging in a new operation. <br />Cease and Desist Order: <br />Issue a Cease and Desist Order prohibiting any further mining activities, except those activities required <br />to prevent damage to off-site areas, or protect public health and safety until the Operator complies with <br />the MLRB order.