2016-05-10_ENFORCEMENT - M1985212

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Consent Agreement Page 2 April 26,2016 REASON FOR VIOLATION- The Operator has affected approximately 16.3 acres outside of the permit boundary. It is the Operator's responsibility to protect areas outside of the affected land from slides or damages occurring during the mining and reclamation operation_ Pursuant to C,R.S. § 34-32.5-123(2),an operator who mines substantial acreage beyond the approved permit boundary may be found to be operating without a permit. STAFF RECOMMENDATION; Violation: Find a violation of C_R.S_ §34-32.5-109(1) for failure to obtain from the Board or Office a reclamation permit prior to engaging in a new operation. Cease and Desist Order: Issue a Cease and Desist order for all lands affected outside of the approved permit boundary until all required corrective actions are completed. Corrective Action(s): Require the Operator to submit an Amendment Application to modify the permit/affected area to incorporate the entire disturbed area. The Operator shall submit an Amendment Application within 60 days of the effective date of the Board Order, Civil Penalty: Pursuant to C.R.S. § 34-32.5-123(2),a Civil Penalty may be assessed in an amount not less than $1,000.00 per day nor more than$5.000.00 per day the Iand has been affected,not to exceed 365 days. In-this case,there are 37 days of violation(from the date of the Notice of Possible Violation Letter on April 19",2016 to the May 251h,2016 Board hearing),resulting in a range of civil penalty not less than$37,000.00 and not more than$185,000.00. In this matter the Division will assess a civil penalty of$37,000.00 based on 37 days of violation at $1,000.00 per day. The Board will suspend all but$1,000.00 of the assessed civil penalty to encourage timely compliance from the Operator. Payment of the un-suspended portion of the civil penalty, 1000.00,is due within 30 days of the effective date of this Board Order. Failure by the Operator to comply by the Board Order due date shall result in the suspended portion of the civil penalty,$36,000.00,becoming effective and due.