Laserfiche WebLink
STATUTE VIOLATED AND DESCRIPTION <br />C.R.S. 34- 32.5- 109(1) mining without a permit. <br />HISTORY OF VIOLATIONS <br />Operator: <br />(a) Any outstanding corrective actions or unpaid civil penalties? <br />NONE <br />(b) History of any and all past violations and timeliness of corrective actions. <br />NONE <br />Landowner: <br />(a) Any outstanding corrective actions or unpaid civil penalties? <br />NONE <br />(b) History of any and all past violations and timeliness of corrective actions. <br />NONE <br />STAFF RECOMMENDATION <br />Violation(s): <br />Find the Operator in violation of. C.R.S. 34- 32.5 - 109(1) for failure to first obtain a reclamation <br />permit from the Mined Land Reclamation Board before engaging in a new mining operation. <br />Cease and Desist Order: <br />Issue a Cease - and - Desist Order to prohibit any further mining activities with the exception of <br />environmental maintenance, reclamation, or corrective actions until the violation have been <br />resolved to the satisfaction of the Division and the MLRB. <br />Corrective Action(s): <br />Require the Operator to secure an approved Construction Materials 110 or 112 permit within <br />ninety (90) days of the effective date of the board Order. <br />Civil Penalty: <br />Pursuant to C.R.S. 34- 32.5- 123(2) a person who violates any provision of a permit issued under <br />C.R.S. 34- 32.5 - 109(1) shall be subject to a civil penalty of not less than $1,000.00 per day, nor <br />more than $5,000.00 per day for each day the land has been affected, not to exceed 365 days. In <br />this matter, the Board may assess a civil penalty of $42,000.00 to $210,000.00 for 42 days of <br />violation at $1,000.00 to $5,000.00 per day. Payment of a civil penalty is due within thirty (30) <br />days cif t�o` date the signed Board Order is mailed, unless otherwise specified by the Board in the <br />Boar ,CUer. <br />