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Florence Sand&Gravel Pit Consent Agreement <br /> Page 2 of 3 <br /> March 6,2024 <br /> STAFF RECOMMENDATION <br /> Board Actions: <br /> Find a violation of: <br /> • C.R.S. 34-32.5-109(1)for failure to first obtain from the board or office a reclamation permit prior to <br /> engaging in a new operation. <br /> And <br /> • C.R.S. 34-32.5-116(4)(i)for failure to protect areas outside of the affected land from slides or <br /> damages occurring during the mining operations. <br /> Issue a Cease and Desist Order: <br /> • Issue a Cease and Desist Order pursuant to C.R.S. 34-32.5-124(2),prohibiting any further <br /> activities within the affected 2.8 acres of land outside of the approved affected area boundary, <br /> except those activities approved by the Division, in writing, as necessary to comply with the <br /> conditions of a Board Order,prevent damage to off-site areas,complete reclamation, or to protect <br /> public health and safety,until the corrective actions have been resolved to the satisfaction of the <br /> Division. <br /> Corrective Action(s): <br /> • The Operator must submit an Amendment application to update the approved mining and reclamation <br /> plans and maps to account for all of the affected land. The Operator shall submit the Amendment <br /> application within 90 days of the effective date of the Board Order,with all materials in an approvable <br /> form within statutory deadlines. <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 subject to <br /> a civil penalty of not less than$100 per day nor more than$1,000 per day for each day during which a <br /> violation occurs. In this matter,the Board may assess a civil penalty of$5,100 to $51,000 for 51 days of <br /> violation. The 51 days of violation were calculated from the date of the Reason To Believe and Notice of <br /> MLRB Hearing(RTB)letter dated February 27, 2024 to the Board meeting scheduled for April 17-18, <br /> 2024. <br /> • In this matter the Division will assess a civil penalty of$5100 based on 51 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 /> • 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 /> Operator to comply by the Board Order due date shall result in the suspended portions of the civil <br /> penalty, $4,600 becoming effective and due. <br />