2019-04-10_ENFORCEMENT - M2002120

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M2002-120 Consent Agenda Form April 11, 2019 Page 2 of 3 STAFF RECOMMENDATION: Violation: Find a violation of C.R.S. 34-32.5-116(4)(i), for failure to protect areas outside of the affected land from slides or damages occurring during the 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: Pursuant to 34-32.5-124(7), a person who violates any provision of a permit issued shall be subject to a civil penalty of not less than $100.00 per day, nor more than $1,000.00 per day for each day during which such violation occurs. In this case, the civil penalty will be calculated from the date of the Reason to Believe a Violation Exists letter(April 4, 2019) to the date of the May 22, 2019 Board Meeting—48 days; the Board may assess a civil penalty of$4,800 to $48,000.00. The Board will assess a civil penalty of$100.00 per day of violation for 48 days, for a civil penalty amount of$4,800 with all but $500.00 suspended if the Operator complies with the corrective action. The portion of the civil penalty not suspended, $500.00, 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, $4,800.00, 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.