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M-2015-030 • <br /> Consent Agenda Form <br /> June 9, 2016 <br /> Page 2 of 3 <br /> STAFF RECOMMENDATION: <br /> Violation: <br /> Find a violation of C.R.S. 34-32.5-109(1), for failure to obtain a reclamation permit prior to engaging in <br /> a new operation. <br /> Cease and Desist Order: <br /> Issue a Cease and Desist Order prohibiting any further mining activities, except those activities <br /> approved by the Division, in writing, as necessary to comply with the conditions of a Board Order, <br /> prevent damage to off-site areas, or to protect public health and safety, until corrective actions have been <br /> resolved to the satisfaction of the Division and the MLRB. <br /> Corrective Action(s): <br /> Require the Operator to obtain a 112c permit for the mining activity to be conducted at this site. <br /> Civil Penalty: <br /> Pursuant to C.R.S. § 34-32.5-123(2) An operator who operates without a permit shall be subject to a <br /> civil penalty of not less than $1000.00 per day, nor more than $5,000.00 per day for each day the land <br /> has been affected, not to exceed 365 days. In this case, there are 27 days of violation from date the <br /> activity was observed on May 27, 2016 to the June 22, 2016 Board Meeting; the Board may assess a <br /> civil penalty of$27,000.00 to $135,000.00. <br /> Also, pursuant to C.R.S. § 34-32.5-123(4) In addition to the civil penalties imposed in subsection (2) of <br /> this section as stated above, the board shall assess a civil penalty in an amount not less than the amount <br /> necessary to cover costs incurred by the Division in investigating the alleged violation. The Division <br /> calculates the cost of this investigation at 16 hours at a rate of$56.64/hour for a total of$906.24 <br /> The Board will assess a civil penalty of$1000.00 per day of violation for 27 days, and $906 for the <br /> Division's time, for a total civil penalty amount of$27,906.00 with all but $10,906.00 suspended if the <br /> Operator complies with the corrective action. <br /> The portion of the civil penalty not suspended, $10,906.00, shall be due and payable within thirty(30) <br /> days of the effective date of the Board Order. If the Operator does not comply with the corrective <br /> actions set forth in the Order, then the suspended penalties, $17,000.00, shall be due and payable. <br /> Failure to submit any due and unpaid civil penalties shall result in immediate submittal of such penalties <br /> to State collections. <br />