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Kurt Amusch <br /> Page 2 of 3 <br /> September 14,2022 <br /> REASON FOR VIOLATION: <br /> Violation of C.R.S. 34-32.5-109(l) for failure to obtain a reclamation permit prior to engaging in a new <br /> operation. <br /> Pursuant to 34-32.5-123(2), an operator who mines substantial acreage beyond the approved permit <br /> boundary (in excess of 2 acres) may be found to be operating without a permit. <br /> STAFF RECOMMENDATION: <br /> Violation: <br /> Find a violation of C.R.S. 34-32.5-109(1) for failure to first obtain a Reclamation Permit from the Mined <br /> Land Board or Office before engaging in a new mining operation. <br /> Cease and Desist Order: <br /> Issue a cease and desist order, in accordance with C.R.S. 34-32.5-123(l), prohibiting any further activity <br /> on lands outside of the approved affected land boundary, except those activities approved by the <br /> Division in writing, as necessary to comply with the conditions of a Board Order, prevent damage to off- <br /> site areas, complete reclamation, or to protect public health and safety, until the corrective actions have <br /> been resolved to the satisfaction of the Division. Upon filing of a 110c to I I2c permit conversion <br /> application, the Operator may request a modification of the cease and desist order to allow for limited <br /> use of equipment located outside of the affected land boundary. <br /> Corrective Action(s): <br /> The Operator will be required to submit to DRMS a 110c to 112c permit conversion, complete for filing <br /> purposes, within 90 days of the mailing date of the signed MLRB Order, and obtain DRMS approval of <br /> the application within statutory deadlines. The submitted permit conversion shall address, at a <br /> minimum, incorporation into the reclamation permit of all currently affected areas. <br /> Civil Penalty: <br /> In accordance with C.R.S. 34-32.5-123(2) assess a civil penalty of not less than $1,000 per day, nor <br /> more than $5,000 per day for each day of violation not to exceed 365 days. In this instance, 64 days of <br /> penalty may be assessed from the date of the DRMS Inspection to the date of today's MLRB hearing, <br /> giving a civil penalty range of$64,000 to $320,000. <br /> Pursuant to C.R.S. 34-32.5-123(4), in addition to the civil penalties imposed above, the Board shall also <br /> assess a civil penalty in an amount not less than the amount necessary to cover costs incurred by the <br /> Division in investigating the alleged violation. <br />