2020-09-09_ENFORCEMENT - M2020030

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Gladstone Consent Agreement Page 3 of 4 September 1,2020 Cease and Desist Order: Affirm the Cease and Desist order issued by the Division for the above referenced affected lands except for environmental maintenance, reclamation, or corrective actions, until the violation is resolved to the satisfaction of the Division or Board. Corrective Action(s): 1. Within 120 days of the effective date of the Board's Order, submit a reclamation permit application pursuant to C.R.S. § section 34-32-110 or 34-32-112 and 34-32-112.5 as appropriate. 2. Obtain approval of the reclamation permit within statutory timeframes. Civil Penalty: Pursuant to C.R.S. § 34-32-123(3), an operator who operates without a permit shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day for each day the land has been affected. Such penalties shall be accessed for not less than one day and not more than sixty days. In this matter,the Board may assess a civil penalty of$2,150 to$8,600 for 43 days of violation. The 43 days of violation were calculated from the date of the Reason To Believe and Notice of MLRB Hearing (RTB) letter sent on August 11, 2020 to the Board meeting date scheduled for September 23, 2020. In this matter the Division will assess a civil penalty of$4,300 based on 43 days of violation at $100 per day. The Board will suspend all of the assessed civil penalty with the exception of$500, if the corrective actions cited above are completed to the satisfaction of the Division within the required deadlines. The unsuspended portion of the civil penalty,$SOO, is due within 30 days of the effective date of the Board's Order finding the violation that will be sent under a separate cover. Failure by the Operator to comply by the Board Order due date shall result in the suspended portions of the civil penalty,$4,300 becoming effective and due.