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Jack D.Tabb,LLC <br /> Page 2 of 3 <br /> February 1,2022 <br /> REASON FOR VIOLATION. <br /> The Operator failed to obtain a reclamation permit prior to engaging in a new mining operation <br /> as required by C.R.S. 34-32-109. <br /> STAFF RECOMMENDATION: <br /> Violation: <br /> Find a violation of C.R.S. 34-32-109,for failure to protect areas outside of the affected land from <br /> 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, except those activities <br /> approved by the Division, in writing, as necessary to comply with the conditions of a Board <br /> Order,prevent damage to off-site areas, or to protect public health and safety,until corrective <br /> actions have been resolved to the satisfaction of the Division and the MLRB. <br /> Corrective Action(s): <br /> Require the Operator to submit a new 110d reclamation permit application to incorporate all <br /> affected lands. The Operator shall submit the new permit application within 30 days of the <br /> mailing date of the Board Order, with all material in an approvable form within statutory <br /> timeframes. <br /> Civil Penalty: <br /> Pursuant to C.R.S. § 34-32-123(3)any operator who operates without filing a permit shall be <br /> subject to a civil penalty of not less than$50.00 per day,nor more than$200.00 per day for each <br /> day during which such violation occurs. In this case,there are 70 days of violation from date of <br /> the inspection (December 9, 2021)to the February 16, 2021 Board Meeting. <br /> Impose a civil penalty of$50.00 per day of violation for 70 days, for a civil penalty amount of <br /> $3,500.00 with all but$500.00 suspended if the Operator complies with the corrective actions by <br /> the corrective action deadline. <br /> Payment of the unsuspended civil penalty is due within 30 days of the effective date of the Board <br /> Order. If the Operator does not comply with the corrective actions set forth in the Order,then the <br /> suspended penalties, $3,000.00, 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 />