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Deer Trail Pit Consent Agreement <br /> Page 2 of 3 <br /> February 28,2024 <br /> ("Board"),the terms of the permit application,the terms of the performance warranty, and the terms of <br /> the financial warranty. Rule 3.1.9(1) and C.R.S. 34-32.5-116(4)(g)requires topsoil to be removed and <br /> segregated form other spoil and saved for reclamation use. Therefore, 5A has violated a condition of <br /> permit M-1988-090 by not following the approved mining and reclamation plan. <br /> STAFF RECOMMENDATION <br /> Board Actions: <br /> Find a violation of <br /> o C.R.S. 34-32.5-124 for failure to comply with conditions of an order,permit, or regulation. <br /> And, <br /> o Rule 3.1.9(1) and C.R.S. 34-32.5-116(4)(g)for failure to remove topsoil and segregate it from <br /> other spoil for future reclamation use. <br /> Issue a Cease and Desist Order: <br /> o Issue a Cease and Desist Order pursuant to C.R.S. 34-32.5-124(2),prohibiting any further <br /> activities within the permit boundary, except those activities approved by the Division,in writing, <br /> as necessary to comply with the conditions of a Board Order,prevent damage to off-site areas, <br /> complete reclamation,or to protect public health and safety,until the corrective actions have been <br /> resolved to the satisfaction of the Division. <br /> Corrective Action(s): <br /> o The Operator must submit a Technical Revision or an Amendment application to update the approved <br /> mining and reclamation plans and maps to account for the current site conditions and the lack of salvaged <br /> topsoil to conduct adequate reclamation. The Operator shall submit the revision within 90 days of the <br /> effective date of the Board's order,with all materials in an approvable form within statutory deadlines. <br /> Civil Penalty: <br /> Pursuant to C.R.S. § 34-32.5-124(7),a person who violates any provision of a permit issued under this <br /> article shall be subject to a civil penalty of not less than one hundred dollars per day nor more than one <br /> thousand dollars per day for each day during which such violation occurs. In this matter,the Board may <br /> assess a civil penalty of$5,800 to $58,000 for 58 days of violation. The 58 days of violation were <br /> calculated from the date of the Reason To Believe and Notice of MLRB Hearing (RTB) letter dated <br /> January 22,2024 to the Board meeting scheduled for March 20-21, 2024. <br /> o In this matter,the Board may assess a civil penalty of$5,800 based on 58 days of violation at <br /> $100 per day. The Board will suspend a portion of the assessed civil penalty with the exception <br /> of$500, if the corrective actions cited above are completed to the satisfaction of the Division <br /> within the required deadlines. <br /> o The unsuspended portion of the civil penalty, $500, 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 />