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2023-01-17_ENFORCEMENT - M2000089
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2023-01-17_ENFORCEMENT - M2000089
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Last modified
1/20/2023 12:55:57 AM
Creation date
1/19/2023 8:23:06 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2000089
IBM Index Class Name
Enforcement
Doc Date
1/17/2023
Doc Name
Returned Mail
From
DRMS
To
Mary Vasquez
Violation No.
MV2022018
Email Name
CMM
JPL
JLE
Media Type
D
Archive
No
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ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> finds the Operator in violation of section 34-32.5-117(4)(c)(II) and Rule 4.2.1(2) for <br /> failure to post additional financial warranty within 60 days of the date of notice of <br /> adjustment. <br /> Operator shall CEASE AND DESIST any further mining activities at the <br /> site, except those approved by the Division, in writing, as necessary to comply with <br /> the conditions of this Order, prevent damage to offsite areas, or to protect public <br /> health and safety, until corrective actions have been resolved to the satisfaction of <br /> the Division. <br /> The Board imposes the following CORRECTIVE ACTION:Mary Vasquez <br /> shall submit an amendment to current financial warranty for the additional amount <br /> of$3,272.00 or submit a new financial warranty reflecting the increase, to a total of <br /> $15,772.00, within 30 days of the effective date of this Order. <br /> The Board imposes a CIVIL PENALTY of$22,000.00 pursuant to section 34- <br /> 32.5-124(7), C.R.S. All but $500 of the total assessed civil penalty is suspended if <br /> the Operator complies with the corrective action in the time specified. The $500.00 <br /> in unsuspended civil penalties is due and payable within 30 days of the effective <br /> date of this Order. If the Operator does not timely comply with the corrective <br /> actions set forth in this Order, then the suspended penalties, $21,500.00, shall be <br /> due and payable in full within 30 days of the deadline for completion of the <br /> corrective action. Failure to timely submit any due and unpaid civil penalties shall <br /> result in the immediate submittal of those penalties to collections. <br /> DONE AND ORDERED this. _ _—day of '^ - 2022. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Nell War m- s <br /> Mary Vasquez <br /> M-2000-089/Perdue Pit <br /> MV-2022-018 3 <br />
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