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Motorcross Consent Agreement <br /> Page 2 of 4 <br /> August23,2021 <br /> July 30, 2021 The Division received a complaint email from Mr. Mike Coleman stating <br /> the Operator was using an access road off of Weld County Road 7 to <br /> access the mine site. <br /> August 2, 2021 The Division received a follow up complaint letter from Mr. Kevin <br /> McCarthy restatingthe complaint. <br /> August 12, 2021 The Division notified the Operatorof a possible violation and the MLRB <br /> hearing date(RTB). <br /> Reason for Violation: <br /> The Operatorfailed to first obtain a reclamation permit priorto engaging in a newoperation <br /> and/or failed to protect areas outside of the affected land from slides or damages occurring <br /> during the miningoperation and reclamation. <br /> STAFF RECOMMENDATION <br /> Violation: <br /> Find a violation of: <br /> • C.R.S. 34-32.5-109(1) forfailureto firstobtain a reclamation permitprior to engagingin a <br /> new operation, and <br /> • C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from slides <br /> or damages occurring during the mining operation and reclamation. <br /> Corrective Action(s): <br /> 1. Within 120 days of the effective date of the Board's Order, submit a reclamation permit <br /> application to include the access road off of WCR 7 pursuant to C.R.S.§ section 34-32.5- <br /> 111. <br /> 2. Obtain approval of the reclamation permitwithin statutory timeframes. <br /> Civil Penalty: <br /> Pursuant to C.R.S. § 34-32.5-123(2), an operator who operates without permitshall be subject <br /> to a civil penalty of not lessthan $1,000 per day nor more than $5,000 perday for each day the <br /> land has been affected,not to exceed 365 days. <br /> In this matter, the Board may assessa civil penaltyof$41,000 to$205,000 for41 days of <br /> violation. The 41 days of violation were calculated from the date of the Reason To Believe and <br /> Notice of MLRB Hearing(RTB) letterdated August 12, 2021 to the Board meeting scheduled for <br /> September22, 2021. <br />