2014-10-22_ENFORCEMENT - M1986074

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t M-1986-074 Consent Agenda Form October 16, 2014 Page 2 of 3 REASON FOR VIOLATION. The Operator failed to first obtain a reclamation permit from the Mined Land Reclamation Board before engaging in a new mining operation as required by C.R.S. 34-32.5-109(1). STAFF RECOMMENDATION- Violation: Find a violation of C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit from the Mined Land Reclamation Board before engaging in a new mining operation. Cease and Desist Order: Issue a Cease-and-Desist Order, in accordance with C.R.S. 34-32.5-124(2), prohibiting any further activity on lands affected outside the approved permit boundary, with the exception of environmental maintenance, reclamation, or corrective actions, until violations have been resolved to the satisfaction of the Division and the MLRB. Corrective Action(s): Require the Operator to submit an interim financial warranty of$14,725.00 within 30 days of the mailing date of the Board Order to cover existing unapproved disturbances(based on$2,500.00 per acre). Require the Operator to submit a conversion application to increase the size of the current 110 Reclamation Permit to include the affected lands outside of the approved permit boundary. The Operator shall submit the conversion application within 90 days of the mailing date of the Board Order, with all material in an approvable form within 180 days of the mailing date of the Board Order. Civil Penalty: 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 each day of violation. In this case,there are 44 days of violation from date of the inspection(October 6,2014)to the November 19,2014 Board Meeting; the Board may assess a civil penalty of$44,000.00 to $220,000.00. The Board will assess a civil penalty of$1000.00 per day of violation for 44 days, for a civil penalty amount of $44,000.00 with all but$1,000.00 suspended if the Operator complies with the corrective action. Payment of the un-suspended portion ($1,000.00) of the civil penalties is due within 30 days of the mailing date of the Board Order, unless otherwise specified by the Board in the Board Order. Where corrective actions are not completed by the Board Ordered Corrective Action date stated in the Board Order, the suspended civil penalties ($43,000.00)are due in full within 30 days of the deadline for Board Ordered corrective actions. (Failure to submit any portion of the civil penalties by the dates specified in the Board Order shall result in immediate submittal of such penalties to State collections.)