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Wattenberg Lakes Consent Agreement <br /> Page 2 of 3 <br /> Fe6ruary 9,2022 <br /> Reason for Violation: <br /> The Operator has affected 1.437 acres outside of the approved permit boundary. Therefore,the <br /> Operator failed to protect areas outside of the affected land from slides or damages occurring <br /> during the mining operation and reclamation. <br /> STAFF RECOMMENDATION <br /> Violation: <br /> Find a violation of: <br /> • C.R.S.34-32.5-116(4)(ij for failure to protect areas outside of the affected land from slides or <br /> damages occurring during the mining operation and reclamation. <br /> Corrective Action(s): <br /> 1. The Operator must submit and receive approval for a 110 Construction Materials"Reclamation Only" <br /> application to permit and reclaim the disturbed area outside of the approved permit boundary. <br /> 2. The 110c application must be complete and filed within 30 days of the effective date of the <br /> Board's order and approved within statutory timeframes. <br /> Civil Penalty: <br /> Pursuant to C.R.S.§ 34-32.5-124(7)an operator who violates any provision of a permit shall be <br /> subject to a civil penalty of not less than$100 per day nor more than$1,000 per day for each day <br /> during which a violation occurs. In this matter,the Board may assess a civi)penalty of$5,700 to <br /> $57,000 for 57 days of violation. The 57 days of violation were calculated from the date of the <br /> Reason To Believe and Notice of MLRB Hearing(RTB) letter dated January 25, 2022 to the Board <br /> meeting scheduled for March 23, 2022. <br /> In this matter the Division will assess a civil penalty of$57,000 based on 57 days of violation at <br /> $1,000 per day. The Board will suspend a portion of the assessed civil penalty with the exception of <br /> $5,000, if the corrective actions cited above are completed to the satisfaction of the Division within <br /> the required deadlines. <br /> The unsuspended portion of the civi) penalty,$5,000, is due within 30 days of the effective date of <br /> the Board's Order finding the violation which will be sent under a separate cover. Failure of the <br /> Operator to comply by the Board Order due date shall result in the suspended portions of the civil <br /> penalty,$52,000 becoming effective and due. <br />