2017-04-18_ENFORCEMENT - M2009074

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Consent Agenda Form M-2009-074 March 27, 2017 Page 2 of'3 Corrective Actions: • Require the Operator to submit an interim financial warranty of $15,000.00 within 30 days of the mailing date of the Board Order to cover the reclamation costs associated with existing unapproved disturbances (determined by a $2,500.00 per acre average). Require the Operator to file a conversion application to increase the size of the current 110c Reclamation Permit to include the affected lands outside of the approved permit boundary. The Operator shall file the conversion application within 90 days of the mailing date of the Board Order, with all material in an approvable form within 1$0 days of the mailing date of the Board Order. The conversion application shall include information regarding the importation of material for processing and/or backfilling. Cis -Il Penalty: Pursuant to C.R.S. § 34- 32.5.-123(2) an operator who operates without a permit shall be subject to a civil penalty of not less than $1,000.00 per day, nor more than $5,000.00 per day for each day during which such violation occurs. In this case, there are 34 days of violation from the signature date of the RTB letter (March 23, 2017) to the April 26, 2017 Board Meeting; the Board may assess a civil penalty of $34,000.00 to $170,000.00. The Board will assess a civil penalty of $1.000.00 per day of violation for 34 days, for a civil penalty amount of $34,000.00 with all but $1,000.00 suspended if the Operator complies with the corrective actions. The portion of the civil penalty not suspended, $1,000.00, 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, 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.