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f <br /> Phillips County <br /> Page 2 of 3 <br /> September 23,2019 <br /> STAFF RECOMMENDATION: <br /> Violation: <br /> Find a violation of C.R.S. 34-32.5-116(4)(i), for failure to protect areas outside of the affected <br /> land from slides or damages occurring during the mining operation and reclamation. <br /> Cease and Desist Order: <br /> Issue a Cease and Desist Order prohibiting any further mining activities on lands outside of the <br /> approved affected land boundary, except those activities approved by the Division, in writing, as <br /> necessary to comply with the conditions of a Board Order, prevent damage to off-site areas, or to <br /> protect public health and safety, until corrective actions have been resolved to the satisfaction of <br /> the Division and the MLRB. <br /> Corrective Action(s): <br /> Require the Operator to submit a permit conversion application to include the affected lands <br /> outside of the approved permit boundary. The Operator shall submit the permit conversion <br /> application within 90 days of the mailing date of the Board Order, with all material in an <br /> approvable form within 180 days of the mailing date of the Board Order. <br /> Civil Penalty: <br /> Pursuant to C.R.S. § 34-32.5-124(7) a person who violates any provision of a permit shall be <br /> subject to a civil penalty of not less than $100.00 per day, nor more than $1,000.00 per day for <br /> each day during which such violation occurs. In this case, there are 72 days of violation from <br /> date of the inspection (August 12, 2019)to the October 23, 2019 Board Meeting; the Board may <br /> assess a civil penalty of$7,200.00 to $72,000.00. <br /> The Board will assess a civil penalty of$100.00 per day of violation for 72 days, for a civil <br /> penalty amount of$7,200.00 with all penalties suspended if the Operator complies with the <br /> corrective action. <br /> If the Operator does not comply with the corrective actions set forth in the Order, then the <br /> suspended penalties, $7,200.00, shall be due and payable. Failure to submit any due and unpaid <br /> civil penalties shall result in immediate submittal of such penalties to State collections. <br />