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2016-12-05_ENFORCEMENT - M1990041
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2016-12-05_ENFORCEMENT - M1990041
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Last modified
12/11/2020 7:08:57 PM
Creation date
12/12/2016 11:32:30 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1990041
IBM Index Class Name
ENFORCEMENT
Doc Date
12/5/2016
Doc Name
Board (MLRB) Order
From
DRMS
To
Central City Consolidated Mining
Violation No.
MV2016056
Email Name
MAC
WHE
AJW
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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22. The Board may impose a civil penalty of not less than$50 per day nor more <br /> than$200 per day for each day during which a violation occurs. C.R.S.§34-32-124(7) <br /> (2016). Here,the Board may impose a penalty based on thirty(30) days of violation at$50 <br /> to$200 per clay for a civil penalty of$1,500 to$6,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law,the Board finds <br /> Operator in violation of section 34-32-117(4)(c)(II), C.R.S.and Rule 4.2.1(2)for failingto <br /> post additional financial warranty within sixty days from the date of the Division's written <br /> notice of adjustment. <br /> Operator shall CEASE AND DESIST any further mining activities,except those <br /> activities approved by the Division-in writing,as necessary to comply with.the conditions of <br /> this Order, prevent damage to off-site areas,or to protect human health and safety,until <br /> Operator has completed the corrective actions set forth in this Order to the satisfaction of <br /> the Division. <br /> The Board imposes against Operator the following CORRECTIVE ACTION:Operator <br /> shall,within sixty days of the effective date of this Order,submit to the Division$144,721 in <br /> additional financial warranty. <br /> The Board imposes a CIVIL PENALTY for thirty days of violation pursuant to section <br /> 34-32-124(7),CA.S.at$50 per day for a civil penalty of$1,500. All of such civil penalty is <br /> suspended if Operator timely complies with all the corrective actions set forth in this Order. <br /> If Operator aloes not timely comply with-the corrective actions set forth above,then the <br /> suspended civil penalty,in the total amount of$1,500,shall be due and payable. Failure to <br /> submit any due and unpaid civil penalties by the date specified above shall result in <br /> immediate submittal of such penalties to State collections. <br /> DONE AND ORDERED this 2- day of_ 2016. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> 4, �q al, <br /> Thomas Brubaker, Chair <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected or <br /> aggrieved by agency action may commence an action for judicial review by filing a <br /> Central City Consolidated Mining <br /> M-1990-041 <br /> MV-2016-056 4 <br />
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