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Arnold's Custom Seeding <br /> Arnold Pit No. 1 Consent Agreement <br /> Page 2 of 3 <br /> REASON FOR VIOLATION: <br /> The Operator has affected approximately 2 acres of land in order to extract clay for an off-site <br /> construction project. It is the Operator's responsibility to obtain a reclamation permit prior to <br /> engaging in a new operation in accordance with 34-32.5-109(1). <br /> STAFF RECOMMENDATIONS: <br /> Violation: <br /> Find a violation of C.R.S. 34-32.5-109(1)for failure to first obtain from the Board or Office a <br /> reclamation permit prior to engaging in a new operation. <br /> Cease and Desist Order: <br /> Issue a Cease-and-Desist Order, in accordance with C.R.S. 34-32.5-124(2), prohibiting any <br /> further mining related activity on lands affected by the activity described in the inspection <br /> report, with the exception of environmental maintenance, reclamation, or corrective actions, <br /> until violations have been resolved to the satisfaction of the Division and the MLRB. <br /> Corrective Action: <br /> Require the Operator to submit a 110 Construction Materials reclamation permit application to permit <br /> the affected land (approximately 2 acres) and, if wanted, any additional acreage up to 9.99. The <br /> Operator shall submit the permit application within 30 days of the mailing date of the Board Order, <br /> with all material in an approvable form within 90 days of the mailing date of the Board Order. <br /> Civil Penalty: <br /> Pursuant to C.R.S. 34-32.5-123(2) an operator who operates without a permit shall be subject <br /> to a civil penalty of not less than $1,000.00 per day, nor more than $5,000.00 per day for each <br /> day the land has been affected, not to exceed 365 days. In this matter,the Board may assess a <br /> civil penalty of$17,000.00 to $85,000.00 for 17 days of violation at$1,000.00 to $5,000.00 per <br /> day. <br /> For this violation of C.R.S. 34-32.5-109(1),the Division recommends a civil penalty of <br /> $17,000.00 for 17 days of violation from the date of the inspection (May 9, 2016)to the date of <br /> this Board Hearing (May 25, 2016), with all but$1,000.00 suspended if the Operator complies <br /> with the corrective action. <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I i <br /> John W. Hickenlooper, Governor I Robert Randall,Acting Executive Director I Virginia Brannon, Director <br /> `\�a�6 <br />