Laserfiche WebLink
Consent Agreement 12 <br /> Schmidt Site, Permit No. M-2011-014 <br /> Staff Recommendation: <br /> Violation: Find a violation of section 34-32.5-116(4)(i)C.R.S.,for failure to protect <br /> areas outside the affected land from slides and damage during the mining operation and <br /> reclamation. Also, find a violation pursuant to 34-32.5-124 for failure to comply with <br /> the conditions of the Permit. <br /> Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further <br /> exportation of construction materials,except those activities approved by the Division, <br /> In writing, necessary to comply with the conditions of the Board Order,to prevent <br /> damage to off-site areas, or to protect public health and safety. <br /> Corrective Action: Within 30 days of the effective date of this Board Order, remove <br /> the offsite material and reseed the offsite affected areas. The Operator shall submit <br /> photo documentation of the completed work to the Division no later than 45 days. <br /> Within 60 days of the effective date of this Board Order submit a Technical Revision with <br /> its required fee,updating the mining and reclamation plans to address the reclamation <br /> of the highwalls, construction schedule for the storm water control features and <br /> structure agreements for the power pole and lines located within the permitted area. <br /> Within 30 days of the effective date of this Board Order,submit an interim Financial <br /> Warranty increase in the amount of$7,736.00 resulting in a total financial warranty of <br /> not less than $15,140.00. (Copy Enclosed) <br /> Civil Penalty: Pursuant to section 34-32.5-124(7) C.R.S.,any person who violates any <br /> provision of a permit issued under this article shall be subject to a civil penalty of not <br /> less than one hundred dollars per day nor more than one thousand dollars per day for <br /> each day during which such violation exists. <br /> In this case the Board could find 34 days of violation and could assess a civil <br /> penalty between$3,400.00 and$34,000.00. <br /> In this matter the Division will assess a civil penalty of S6,800.00 based on 34 days of <br /> violation at$200.00 per day. The Board will suspend all but$1,000.00 of the assessed <br /> civil penalty to encourage timely compliance from the Operator. <br /> The unsuspended portion of the civil penalty,S1.000.00 is due within 30 days of the <br /> effective date of this Board Order. Failure by the Operator to comply by the Board <br /> Order due date shall result in the suspended portion of the civil penalty,$5,800.00, <br /> becoming effective and due. <br />