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lj &-, _ <br />April -id i <br />STAFF RECOA MENDATIONS.- <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 porti n ($500:00) of the bivil penalties is due within thirty (30) days of the <br />mailing date of the Board Order, mess otherwise specified by the Board in the Board Order. Where <br />corrective actions are not completed y �th $oard 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 />civil penalty outlined above on the Staff Summary Form for Consent Agenda Items. <br />Operator Signature Date Notary Public <br />My Commission expires: <br />0�- t OlO <br />Street, Room 215, Den\ er, CO 80203 R 303.866.3567 , 303.832.8;06 �-Itp:. 'miwng.state.co.us r �� <br />., n W. t"icC et�i: npc-r, Gnve!-nn!- Mike Kii- r D.- t or I B.,An "o ., �.)1!"N�'Lf11- I ♦ <br />� IA7b <br />