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M- 1989 -095 <br />Consent Agenda Form <br />May 7, 2014 <br />Page 2 of 2 <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34- 32.5- 109(1) for failure to first obtain a reclamation permit from the Mined Land <br />Reclamation Board before engaging in a new mining operation. <br />Corrective Action(s): <br />Corrective action is to submit to the Division a Conversion application for a 112 reclamation permit, with all <br />materials in approvable form within 120 days of the signed board order. <br />Civil Penalty: <br />For a violation of C.R.S. 34- 32.5- 109(1), a Civil Penalty may be assessed at a rate of $1,000 to $5,000 for each day <br />of violation. In this case, there are 51 days of violation from date of the inspection (April 28, 2014) to the June <br />18, 2014 Board Meeting. <br />The Board will assess a civil penalty of $1000.00 per day of violation for 51 days, for a civil penalty amount of <br />$51,000 with all but $500.00 suspended if the Operator complies with the corrective action. <br />(Failure to submit the unsuspended portion of the civil penalty by the date specified in the Board Order will <br />result in immediate submittal of those penalties to State collections.) <br />Operator(s) Signature: <br />By signing this, the Operator agrees to the stated violation and will comply with the Corrective Action(s) <br />and Civil Penalty outlined above on the Staff Summary Form for Consent Agenda Items. <br />Operator Signature Date Notary Public <br />