2014-05-02_ENFORCEMENT - M2009053

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STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS 12 Robins Rock Pit, Permit No. M- 2009 -053 Staff Recommendation: Violation: Find a violation of permit conditions and section 34- 32.5- 109(1) C.R.S., for failure to first obtain a reclamation permit from the Board or Office prior to engaging in a new operation. Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further mining activities on the unpermitted portions of the affected lands, except for those activities required to prevent damage to off -site areas or protect the public health and safety, until the Operator complies with the Corrective Actions and Civil Penalty, Corrective Action: Within 90 days of the effective date of this Board Order, the Operator shall file with the Division an application to amend the existing permit, OR an application to convert the existing 110c permit to an 112c operation. Once approved, the amended or converted permit must enclose all affected lands and include an updated reclamation plan and financial warranty. Civil Penalty: Pursuant to section 34- 32.5- 123(2) C.R.S., an Operator who operates without a permit shall be subject to a civil penalty of not less than $1,000.00 per day nor more than $5,000 per day for each day the land has been affected, not to exceed 365 days. In this case the Board could find 48 days of violation (from the signature date of the inspection report, April 3, 2014, to the Board hearing date, May 21, 2014), resulting in a range of civil penalty not less than $48,000.00 and not more than $240,000.00. Pursuant to section 34- 32.5- 123(4) C.R.S., in addition to the civil penalties imposed in section 34- 32.5- 123(2) C.R.S., the Board shall also assess a civil penalty in an amount not less than the amount necessary to cover costs incurred by the Division in investigating the alleged violation. In this case the Board could assess an additional civil penalty in the amount of $453.12, based on eight hours of staff time at $56.64 per hour. In this matter the Board will assess a civil penalty of 48 453.12 based on 48 days of violation at $1,000.00 per day, and eight hours of staff time at $56.64 per hour. The Board will suspend all but $500.00 of the assessed civil penalty to encourage timely compliance from the Operator. The unsuspended portion of the civil penalty, $500.00, is due within 30 days of the effective date of this Board Order. Failure by the operator to comply by the board order due date shall result in the suspended civil penalty portion of $47,953.12 becoming affective and due.