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STAFF RECOMMENDATIONS: <br /> Violation: <br /> Find a violation of C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from <br /> slides or damage occurring during the mining operation and reclamation. <br /> Cease and Desist Order: <br /> Issue a Cease-and-Desist Order, in accordance with C.R.S. 34-32.5-124(2), prohibiting any further <br /> activity on lands affected outside the approved permit boundary, with the exception of environmental <br /> maintenance, reclamation, or corrective actions, until violations have been resolved to the satisfaction of <br /> the Division and the MLRB. <br /> Corrective Action: <br /> Require the Operator to submit a conversion application to change to a 112 Reclamation Permit. The <br /> Operator shall submit a conversion application within 90 days of the mailing date of the Board Order, <br /> with all material in an approvable form within 180 days of the mailing date of the Board Order. <br /> Civil Penalty: <br /> Pursuant to C.R.S. 34-32.5-124(7) a person who violates any provision of a permit issued under C.R.S. <br /> 34-32.5 shall be subject to a civil penalty of not less than $100.00 per day, nor more than $1,000.00 per <br /> day for each day during which such violation occurs. In this matter, the Board may assess a civil penalty <br /> of$4,700.00 to$47,000.00 for 47 days of violation at$100.00 to $1,000.00 per day. <br /> For a violation of C.R.S. 34-32.5-116(4)(i), the Division recommends a civil penalty of $4,700.00 for <br /> 47 days of violation from the date of the inspection (April 04, 2014) to the date of this Board Hearing <br /> (May 21,2014)at a rate of$100.00 per day,with all but$500.00 suspended if the Operator complies with <br /> the corrective action. <br /> Payment of the un-suspended portion ($500.00) of the civil penalties is due within thirty (30) days of the <br /> mailing date of the Board Order, unless otherwise specified by the Board in the Board Order. Where <br /> corrective actions are not completed by the Board Ordered Corrective Action date stated in the Board <br /> Order, the suspended civil penalties are due in full within thirty (30) days of the deadline for Board <br /> Ordered corrective actions. <br /> Operator(s) Signature: <br /> By signing this, the Operator agrees to comply with the corrective action, Cease-and-Desist Order, and <br /> civ' lty lined above on the Staff Summary Form for Consent Agenda Items. <br /> 2G, -- <br /> �Oper r Signature Date Notary Public <br /> CHRISTINE M SANCHEZ My Commission expires: <br /> NOTARY PUBLIC —' <br /> STATE OF COLORADO <br /> NOTARY ID 20134071369 <br /> MY COMMISSION EXPIRES 11/14/2017 <br />