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Pine'Bluffs Gravel&Excavating,Inc. <br /> Harms Pit Consent Agreement <br /> Page 2 of 3 <br /> REASON FOR VIOLATION: <br /> The Operator has affected approximately 3.7 acres outside of the approved permit boundary. <br /> It is the Operator's responsibility to obtain a reclamation permit prior to engaging in a new <br /> operation in accordance with 34-32.5-109(1). <br /> STAFF RECOMMENDATIONS: <br /> Violation: <br /> Find a violation of C.R.S. 34-32.5-109(1) for failure to first obtain from the Board or Office a <br /> reclamation permit prior to engaging in a new operation. <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 <br /> further activity on lands affected outside the approved permit boundary, with the exception of <br /> environmental maintenance, reclamation, or corrective actions, until violations have been <br /> resolved to the satisfaction of the Division and the MLRB. <br /> Corrective Action: <br /> Require the Operator to submit a 110 to 112 Construction Materials conversion application to increase <br /> the permit area to encompass the entire affected land. The Operator shall submit a conversion <br /> application within 90 days of the mailing date of the Board Order, with all material in an approvable <br /> form within 180 days of the mailing 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 shall be subject to a civil penalty of not less than $1,000.00 per day, nor more <br /> than $5,000.00 per day for each day during which such violation occurs. In this matter, the <br /> Board may assess a civil penalty of$92,000.00 to $460,000.00 for 92 days of violation at <br /> $1,000.00 to $5,000.00 per day. <br /> For a violation of C.R.S. 34-32.5-109(1), the Division recommends a civil penalty of$92,000.00 <br /> for 92 days of violation from the date of the inspection (May 21, 2014) to the date of this Board <br /> Hearing (August 20, 2014) at a rate of$1,000.00 per day, with all but $1,000.00 suspended if <br /> the Operator complies with the corrective action. <br /> �, Cps <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> 01 <br /> John W. Hickenlooper, Governor ( Mike King, Executive Director I Virginia Brannon, Director <br /> 1876 <br />