2017-03-30_ENFORCEMENT - M1983090

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M 1983-090 Consent Agenda Form March 23, 2017 Page 2 of 3 STAFF RECOMMENDATION.• Violation: Find a violation of C.R.S. 34-32.5-109(1), for failure to first obtain a reclamation permit from the board or office before engaging in a new mining operation. Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further mining activities, except those activities approved by the Division, in writing, as necessary to comply with the conditions of a Board 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 MLRB. Corrective Action(s): Require the Operator to submit a permit amendment to increase the size of the current 112c Reclamation Permit to include, at a minimum, the affected lands outside of the approved permit boundary. The Operator shall submit an amendment application complete for filing purposes within 90 days of the mailing date of the Board Order. Civil Penalty: Any operator who operates without a permit shall be subject to a civil penalty of not less than $1000.00 per day, nor more than $5,000.00 per day for each day the land has been affected, not to exceed 365 days. In this case, the civil penalty will be calculated from the date of the Reason to Believe a Violation Exists letter to the date of the April 26, 2017 Board Meeting—34 days; the Board may assess a civil penalty of$34,000 to $170,000.00. The Board will assess a civil penalty of$1000.00 per day of violation for 34 days, for a civil penalty amount of$34,000 with all but $1000.00 suspended if the Operator complies with the corrective action. The portion of the civil penalty not suspended, $1000.00 shall be due and payable within thirty(30) days of the effective date of the Board Order. If the Operator does not comply with the corrective actions set forth in the Order by the corrective action date specified, then the suspended penalties, $33,000.00, shall be due and payable. Failure to submit any due and unpaid civil penalties shall result in immediate submittal of such penalties to State collections.