2015-06-25_ENFORCEMENT - M1980244 (2)

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M-1998-101 Tony J. Beltramo and Sons, Inc. June 25, 2015 Page 2 of 3 STAFF RECOMMENDATION.• Violation: Find a violation of C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit from the Board before engaging in a new mining operation. Cease and Desist Order: Issue a cease-and-desist order, in accordance with C.R.S. 34-32.5-124(2), prohibiting any further mining operation activities on the affected lands outside of the approved permit boundary, with the exception of environmental maintenance, reclamation, or corrective action, until the violation has been resolved to the satisfaction of the Division and Board. Corrective Action(s): Submit to the Division a permit amendment application to incorporate all affected lands outside of the approved permit boundary into the permit boundary. The Operator shall submit to the Division within 90 days of the effective date of the Board Order a permit amendment application that is in approvable form. Civil Penalty: For a violation of C.R.S. 34-32.5-109(1), a civil penalty shall be assessed at a rate of $1,000 to $5,000 for each day of violation. In this matter, there are 47 days of violation from the date of the signed inspection report June 12, 2015, to the July 29, 2015, Board hearing; the Board may assess a civil penalty of $47,000 to $235,000. The Board will assess a civil penalty of $1,000 per day of violation for 47 days, for a civil penalty amount of $47,000 with all but $1,000 suspended if the Operator complies with the corrective action. Payment of the un -suspended portion ($1,000) of the civil penalty 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 penalty ($46,000) is due in full within 30 days of the deadline for the 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 the penalties to State collections.