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M- 2008 -035 <br />Consent Agenda Form <br />July 18, 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 />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 activity on <br />lands affected outside the approved permit boundary, with the exception of environmental maintenance, <br />reclamation, or corrective actions, until violations have been resolved to the satisfaction of the Division and the <br />MLRB. <br />Corrective Action(s): <br />Require the Operator to submit an amendment application to increase the size of the current 112 Reclamation <br />Permit to include the affected lands outside of the approved permit boundary. The Operator shall submit the <br />amendment 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 />For a violation of C.R.S. 34- 32.5- 109(1), a Civil Penalty may be assessed at a rate of $1,000.00 to $5,000.00 for <br />each day of violation. In this case, there are 42 days of violation from date of the inspection (July 9, 2014) to the <br />August 20, 2014 Board Meeting; the Board may assess a civil penalty of $42,000.00 to $210,000.00. <br />The Board will assess a civil penalty of $1000.00 per day of violation for 42 days, for a civil penalty amount of <br />$42,000.00 with all but $500.00 suspended if the Operator complies with the corrective action. <br />Payment of the un- suspended portion ($500.00) of the civil penalties is due within 30 days of the mailing date of <br />the Board Order, unless otherwise specified by the Board in the Board Order. Where corrective actions are not <br />completed by the Board Ordered Corrective Action date stated in the Board Order, the suspended civil penalties <br />($41,500.00) are due in full within 30 days of the deadline for Board Ordered corrective actions. <br />(Failure to submit the unsuspended portion of the civil penalty by the date specified in the Board Order will result <br />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) and <br />Civil Penalty outlined above on the Staff Summary Form for Consent Agenda Items. <br />Operator Signature ..ri Z i ;: 1�4 y Public (J ° <br />omm ission expires: <br />�.........��� <br />