2014-11-21_ENFORCEMENT - M1977075

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M -1977 -075 Consent Agenda Form October 24, 2014 Page 2 of 3 REASON FOR PIOLATION. The Operator failed to protect areas outside of the affected land from slides or damages occurring during the mining operation as required by C.R.S. 34- 32.5 - 116(4)(1), STAFF RECOMMENDA TION.- Violation: Find a violation of C.R.S. 34- 32.5 - 116(4)(1) for failure to protect areas outside of the affected land from slides or damages occurring during the mining operation, Cease and Desist Order: Issue a Cease -and- Desist Order, in accordance with C.R.S. 3432,5- 124(2), prohibiting any further activity oil affected lands, with the exception of environmental maintenance, reclamation, or corrective actions, until the interim financial warranty is submitted and approved. The Cease- and - Desist Order shall remain in effect on lands affected outside the approved I 10 pennit 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 $18,625.00 within 30 days of the mailing date of the Board Order to cover all existing disturbances (based on $2,500.00 per acre excluding the current $2,500.00 financial warranty held). Require the Operator, after re- notifying the public and adjacent landowners, to request that the Board reaffirm the Division's original approval of the conversion application (CN -01) during the February 2015 Board Meeting, Civil Penalty: 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 each day of violation. In this case, there are 65 days of violation from date of the inspection (September 15, 2014) to the November 19, 2014 Board Meeting; the Board may assess a civil penalty of $6,500.00 to $65,000.00. The Board will assess a civil penalty of $100.00 per day of violation for 65 days, for a civil penalty amount of $6,500.00 with all but $500.00 suspended if the Operator complies with the corrective action. Payment of the un- suspended portion ($500.00) 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 ($6,000.00) 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.)