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required the Operator to, by November 16, 2014, post a sign at the entrance to the <br />mine, mark the boundaries of the affected area, and submit photographic <br />documentation that the corrective action has been completed. <br />6. On October 17, 2014, the Division mailed the Operator a copy of the <br />September 15, 2014 inspection report and a Reason to Believe a Violation Exists <br />letter, informing the Operator of the possible violation for affecting land outside the <br />permit boundary and providing details regarding a hearing on this matter <br />scheduled for November 19, 2014. <br />7. On November 18, 2014, the Operator signed 'a Staff Summary Form for <br />Consent Agenda Item, in which the Operator admitted toi affecting land outside the <br />approved affected area during the mining operation, in violation of section 34-32.5 - <br />116(4)(i), C.R.S., and agreed to the Division's recommendations to the Board. <br />8. At its regular meeting on November 19, 2014, the Board approved the <br />Staff Summary Form for Consent Agenda Item. The Board issued a written order <br />finding that the Operator affected land outside the approved affected area during <br />the mining operation, in violation of section 34- 32.5- 116(4)(i), C.R.S. The Board <br />issued a written order, effective December 5, 2014 ( "December 2014 Order "). <br />9. The December 2014 Order required the Operator to: (a) cease and <br />desist further activity on affected lands inside and outside the approved permit <br />boundary, with the exception of environmental maintenance, reclamation, or <br />corrective actions, subject to certain requirements; (b) submit an interim financial <br />warranty to cover reclamation costs for existing disturbances; (c) after re- notifying <br />the public and adjacent landowners, request that the Board, at its February 2015 <br />meeting, affirm the Division's July 5, 2013 approval of Application CN -01; and <br />(d) pay a civil penalty of $6,500 with all but $500 suspended if the Operator timely <br />complies with the corrective actions in the December 2014 Order. <br />10. , The Division received the unsuspended portion of the civil penalty, <br />$500, imposed by the December 2014 Order on January 7'� 2015. <br />11. On January 9, 2015, the Division received and accepted a Letter of <br />Credit for the recalculated total financial warranty amount of $38,022.89. The <br />Division released the $2,500 financial warranty it already held. <br />12. On February 2, 2015, the Division received proof that the Operator re- <br />notified the public and adjacent land owners of Application CN -01. <br />13. On February 4, 2015, the Division received al letter from the Operator <br />requesting that the Board reaffirm Application CN -01. On February 10, 2015, the <br />Division received a second letter fiom the Operator requesting that the Board <br />reaffirm Application CN -01 and stating that the Operators "agrees to the Board's <br />consideration of this matter as a consent agenda item." <br />Holyoke Gun Club <br />M -1977 -075 2 <br />