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M-1977-075 <br /> Consent Agenda Form <br /> October 24,2014 <br /> Page 2 of 3 <br /> REASON FOR VIOLATION: <br /> The Operator failed to protect areas outside of the affected land from slides or damages occurring during the <br /> mining operation as required by C.R.S. 34-32.5-116(4)(i). <br /> STAFF RECOMMENDATION.• <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 slides or <br /> damages occurring during the 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 /> affected lands, with the exception of environmental maintenance, reclamation, or corrective actions, until the <br /> interim financial warranty is submitted and approved. The Cease-and-Desist Order shall remain in effect on lands <br /> affected outside the approved 110c 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 interim financial warranty of$18,625.00 within 30 days of the mailing date of <br /> the Board Order to cover all existing disturbances (based on $2,500.00 per acre excluding the current $2,500.00 <br /> financial warranty held). <br /> Require the Operator, after re-notifying the public and adjacent landowners, to request that the Board reaffirm the <br /> Division's original approval of the conversion application(CN-01)during the February 2015 Board Meeting. <br /> Civil Penalty: <br /> For a violation of C.R.S. 34-32.5-116(4)(i), a Civil Penalty may be assessed at a rate of$100.00 to$1,000.00 for <br /> each day of violation. In this case,there are 65 days of violation from date of the inspection(September 15, <br /> 2014)to the November 19,2014 Board Meeting; the Board may assess a civil penalty of$6,500.00 to$65,000.00. <br /> The Board will assess a civil penalty of$100.00 per day of violation for 65 days, for a civil penalty amount of <br /> $6,500.00 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 /> ($6,000.00)are due in full within 30 days of the deadline for Board Ordered corrective actions. <br /> (Failure to submit any portion of the civil penalties by the dates specified in the Board Order shall result in <br /> immediate submittal of such penalties to State collections.) <br />