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M-1 980-020 <br /> Consent Agenda Fonri <br /> January 6,2015 <br /> Page 2 of 3 <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 <br /> slides or 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 <br /> mining operation activities on the affected lands outside of the approved permit boundary, with the <br /> exception of environmental maintenance, reclamation, or corrective action, until the violation has been <br /> resolved to the satisfaction of the Division and the Mined Land Reclamation Board(Board). <br /> Corrective Action(s): <br /> Submit to the Division a permit amendment application to incorporate all affected lands outside of the <br /> approved permit boundary into the permit boundary. The Operator shall submit to the Division within <br /> 60 days of the effective date of the Board Order a permit amendment application that is in approvable <br /> form without considering any objections that may be received after the application is submitted. <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 to $1,000 <br /> for each day of violation. In this matter, there are 64 days of violation from the date of the inspection <br /> (November 25, 2014) to the January 28, 2015 Board Hearing; the Board may assess a civil penalty of <br /> $3,200 to$32,000. <br /> The Board will assess a civil penalty of$500 per day of violation for 64 days, for a civil penalty amount <br /> of$32,000 with all but$1,000 suspended if the Operator complies with the corrective action. <br /> Payment of the un-suspended portion ($1,000) of the civil penalty is due within 30 days of the mailing <br /> date of the Board Order, unless otherwise specified by the Board in the Board Order. Where corrective <br /> actions are not completed by the Board Ordered Corrective Action date stated in the Board Order, the <br /> suspended civil penalty ($32,000) is due in full within 30 days of the deadline for the Board Ordered <br /> corrective actions. <br /> Failure to submit any portion of the civil penalties by the dates specified in the Board Order shall Result <br /> in immediate submittal of the penalties to State collections. <br />