2016-09-12_ENFORCEMENT - M1997015

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ORDER Based on the foregoing findings of fact and conclusions of law, the Board finds the Operator iil violation of section 34-32..E-116(4)(1),C.R.S. for failing to protect areas outside the affected land from slides or damage occurring during the mining operation or reclamation. The Operator shall CEASE :AND DESIST all further mining activities at the site except those activities approved by the Division until corrective actions have been resolved to the satisfaction of the Division and the Board. The Board imposer the following CORRECTIVE ACTION against the Operator: the Operator shall submit to the Divisions a permit amendment application to increase the size of the current permit to include all affected lands outside of the approved permit boundary. The Operator shall submit the permit amendment application within ninety clays of the effective elate of this Order. The permit amendment application shall be in approvable form within one hundred eighty days of the effective date of this Order. The Board imposes a CIVIL PENALTY for thirty-four days of violation at five hundred dollars (S500) per dad- for a total civil penalty of$17,000. All but $500 of the civil penalty is suspended if the Operator complies with the corrective action in the time specified. The portion of the civil penalty not suspended, $500, shall be due and payable within thirty days of the effective data of this Order. If the Operator does not timely comply with the corrective action set forth in this Order, then the suspended penalties. $10,500, shall be clue and payable in full within thirty (30) clays of the deadline for completion of the corrective action. Failure to timely submit any due and unpaid civil penalties shall result in immediate submittal of such penalties to State collections. DONE AND ORDERED this 1 ; : clay of September 2016. FOR THE COLORADO 'IINED L-1ND RECLAMATION BOARD Forrest Luke. Chair T Washington County Nb1-1997-015 V-201 G-050 3