2016-05-12_ENFORCEMENT - M2004052

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determined that Operator failed to protect areas outside of the affected land from damage occurring during the mining operation and failed to stabilize and protect all surface areas of the affected land to effectively control erosion. Operator thereby violated the provision of the permit that requires the mining operations be conducted with the provisions of the Act. 10. Pursuant to section 34-32.5-124(7), C.R.S., the Board may impose a civil penalty of not less than $100 per day nor more than $1,000 per day for each day during which a permit violation occurs. The Board may impose a civil penalty against the Operator based on forty-nine (49) days of violation (from the March 9, 2016 inspection to the April 27, 2016 Board meeting) at $100 to $1,000 per day for a civil penalty of$4,900 to $49,000. 11. In its Performance Warranty, Operator promised to comply with all applicable requirements of the Act. Operator's Performance Warranty is part of its permit. ORDER Based on the foregoing findings of fact and conclusions of law, the Board hereby finds Phillips County in violation of section 34-32.5-116(4)(i), C.R.S. for failing to protect areas outside of the affected land from damage occurring during the mining operation and in violation of section 34-32.5-116(4)(i), C.R.S. for failing to stabilize and protect all surface areas of the affected land to effectively control erosion. Phillips County shall CEASE AND DESIST any further mining activities, except those activities approved by the Division in writing as necessary to comply with the conditions of this order, prevent damage to off-site areas, or to protect public health and safety, until corrective actions have been resolved to the satisfaction of the Division and the Board. The Board imposes against the Operator the following CORRECTIVE ACTION: Operator shall, within ninety (90) days of the effective date of this order, submit a conversion application to increase the size of the current 110c reclamation permit to include the affected lands outside the approved permit boundary. All material submitted with the conversion application shall be in an approvable form within one hundred eighty (180) days of the effective date of this order. The Board imposes a CIVIL PENALTY for forty-nine (49) days of violation at $500 per day for a total civil penalty of$24,500. All but $500 of the civil penalty is suspended if the Operator fully and timely complies with the corrective actions. The portion of the civil penalty not suspended, $500, shall be due and payable within thirty (30) days of the effective date of this Order. If the Operator does not Phillips County Rafert Pit/M-2004-052 MV-2016-029 3