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M- 1980 -020 <br />Consent Agenda Form <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)(1) 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)(1), 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 />