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r‘V' <br /> Twin Buttes HWY 139 Pit(Wagner Pit) <br /> M-2023-038 <br /> Page 2 of 3 <br /> CHRONOLOGY <br /> Oct.23, 2023 DRMS site inspection, report issued Oct.30,2023 <br /> Dec. 1, 2023 Consent for Access to Property <br /> Dec. 11,2023 DRMS site inspection, report issued Jan. 12,2024 <br /> Feb.27,2024 Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Apr. 16,2024 Permit application received(incomplete) <br /> Apr. 17,2024 Original MLRB Hearing date <br /> Notice of Continuance and Consent Agenda Agreement <br /> REASON FOR VIOLATION <br /> The Operator has engaged in a mining operation prior to obtaining a reclamation permit from the Division. <br /> STAFF RECOMMENDATIONS <br /> Violation(s): <br /> Find a violation pursuant to C.R.S. 34-32.5-109(1), for failure to obtain a Reclamation Permit from the <br /> Mined Land Reclamation 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. 34-32.5-124(2), prohibiting any further activity, <br /> except those activities approved by the Division in writing, as necessary to comply with the conditions of a <br /> Board Order,prevent damage to offsite areas, complete reclamation, or to protect public health and safety, <br /> until the corrective actions have been resolved to the satisfaction of the Division. <br /> Corrective Action(s): <br /> The Operator shall be required to submit to DRMS a 110c permit application, complete for filing purposes, <br /> within 30 days of the mailing date of the signed MLRB Order and obtain DRMS approval of the application <br /> within the statutory deadlines. The submitted permit application shall, at a minimum, include all affected <br /> acreage to date associated with the borrow area. <br /> Civil Penalties: <br /> In accordance with C.R.S. 34-32.5-123(2) an operator who engages in mining without a permit shall be <br /> subject to a civil penalty of not less than One Thousand dollars ($1,000) per day, nor more than Five <br /> Thousand dollars ($5,000) per day for each day of violation not to exceed 365 days. In this instance, 50 <br /> days of penalty may be assessed from the date of the RTB to the date of April's MLRB hearing, giving a <br /> civil penalty range of$50,000 to$ 250,000. <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 />