2013-11-18_ENFORCEMENT - M2006031

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Consent Agenda Page 12 November 18, 2013 October 23, 2013 — The Division conducted a follow -up inspection to verify that the boundary markers had been placed in the correct location. The Division surveyed the new locations of the boundary markers and determined that they were placed in the correct location. In addition, it was determined that 1.04 acres of the affected area was outside of the approved permit boundary. November 4t', 2013 — The Division sent the operator a copy of the inspection report. November 40, 2013 — The Division sent the Operator a Notice of Possible Violation for failure to obtain from the board or office a reclamation permit prior to engaging in a new mining operation. REASON FOR VIOLATION I The Operator has affected approximately 1.04 acres outside of the permit boundary. It is the Operator's responsibility to protect areas outside of the affected land from slide or damages occurring during the mining and reclamation operation in accordance with C.R.S. 34 -32 -116 (7) (h). STAFF RECOMMENDATION: " Violation: Find a violation of C.R.S. 34 -32 -116 (7)(h) for failure to protect areas from slides or other damage occurring during the mining operation or reclamation. Cease and Desist Order: Issue a cease and desist order for all lands affected outside of the approved permit boundary until all required corrective actions are completed. Corrective Action(s): Require the Operator to submit an Amendment Application to modify the permit/affected area to incorporate the entire disturbed area. The Operator shall submit an Amendment Application within 60 days, with all material in an approvable form within 120 days of the signature date of the Board Order. Civil Penalty: For a violation of C.R.S. 34 -32 -116 (7)(h), a Civil Penalty may be assessed at a rate of $1,000.00 to $5,000.00 for each day of violation. In this case, there are 50 days of violation (from the date of Inspection on October 23`h, 2013 to the December 11th, 2013 Board Meeting). The Division will assess a civil penalty of $1,000.00 per day of violation for 50 days. For a civil penalty amount of $50,000.00 with all but $500.00 suspended if the Operator complies with the corrective action. If the Operator does not comply with the corrective action, then a civil penalty in the amount of $2,500 shall be due and payable. Payment of the un- suspended portion ($500) of the civil penalties is due within 30 days of the mailing date of the Board Order.