2015-04-23_ENFORCEMENT - M1980244 (2)

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M-1980-244 Consent Agenda Form May 13, 2015 Page 2 of 2 Pursuant to provision 1 of the Permit, as amended, a violation of the Act constitutes a violation of a permit provision. Cease and Desist Order: Issue a Cease -and -Desist Order, in accordance with C.R.S. 34-32-124(2), prohibiting any further activity on lands affected outside the approved permit boundary, with the exception of environmental maintenance, reclamation, or corrective actions, with prior written Division approval, until violations have been resolved to the satisfaction of the Division and the MLRB. Corrective Action(s): Require the Operator to submit an amendment application to incorporate the area outside the current approved affected area boundary into the Reclamation Permit. The Operator shall submit the amendment application by December 31, 2015, with all material in an approvable form within 180 days of the filing date of the Amendment Application. Note: The amendment application deadline is based on the Operator's schedule for a planned amendment submittal in December 2015 that will address the out-of-bounds affected area as well as other desired changes to the permit. Civil Penalty: For a violation of C.R.S. 34-32-116(7)(h), 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 36 days of violation from date of the inspection (April 21, 2015) to the May 27, 2015 Board Meeting; the Board may assess a civil penalty of $3,600.00 to $36,000.00. The Board will assess a civil penalty of $100.00 per day of violation for 36 days, for a civil penalty amount of $3,600.00 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 ($3,100.00) 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.) Operator(s) Signature: By signing this, the Operator agrees to the stated violation and will comply with the Corrective Action(s) and Civil Penalty outlined above on the Staff Summary Form for Consent Agenda Items. Operator Signature Date Notary Public My Commission expires: