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Deer Trail Pit Consent Agreement <br /> Page 2 of 4 <br /> March 11,2024 <br /> Reason for Violation: <br /> The approved mining plan for the site indicates the Operator shall actively mine five acres,will actively <br /> replace overburden and construct the final slopes and spread topsoil on five acres and will be revegetating <br /> five acres concurrently. The Division Staff found the Permittee has affected about twenty two acres of <br /> land and was not conducting concurrent reclamation in the five acre stages as required. Also, the <br /> approved reclamation plan requires that topsoil be salvaged and stored for reclamation. No topsoil piles <br /> were observed at the time of December 6,2023 inspection. <br /> Grants, Condition and Agreement No. 1 of permit M-1988-090 requires the Operator to comply with the <br /> requirements of the Act and all applicable rules and regulations of the Mined Land Reclamation Board <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 />