2019-01-13_ENFORCEMENT - M1977247

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Holcim(US)Inc. Page 2 of 3 January 8,2020 December 4, 2019 -The Division sent the operator a Reason To Believe letter for failure to protect areas outside of the affected land from slides or damages occurring during the mining operation and reclamation. REASON FOR VIOLATION- The Operator failed to protect areas outside of the affected land boundary from slides or damages occurring during the mining operation and reclamation as required by C.R.S. 34-32.5-116(4)(i). 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 and reclamation. Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further mining activity on lands outside of the approved affected land boundary, 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 112c permit amendment application to include the affected lands outside of the approved permit boundary. The Operator shall submit the new permit application within 90 days of the mailing date of the Board Order,with all material in an approvable form within 180 days of the mailing date of the Board Order. Civil Penalty: Pursuant to C.R.S. § 34-32.5-124(7) a person who violates any provision of a permit 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,there are 76 days of violation from date of the inspection (November 7, 2019)to the January 22, 2020 Board Meeting;the Board may assess a civil penalty of$7,600.00 to $76,000.00.