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<br />(Page 41 <br /> <br />MINE ID # OR PROSPECTING ID # MA3-159 <br />INSPECTION DATE 2/21/97 INSPECTOR'S INITIALS WHE <br />If the operator does not submit the surveyed maplsl by the date specified on the following page, <br />DMG may schedule the matter for public hearing before the Colorado Mined Land Reclamation <br />Board (CMLRB) for consideration of possible violation, based upon observations recorded within this <br />inspection report and photographs taken during the inspection. <br />If the operator submits the sure~eyed map(s) within the date specified by DMG, and the surveyed <br />map(s) indicate that the operation has affected significant area beyond the approved permit <br />boundary, DMG will schedule the matter for public hearing before the CMLRB for consideration of <br />possible violation. <br />If the CMLRB finds a violation, a civil penalty will be issued. Mining beyond the approved <br />boundaries may be interpreted as mining without a permit and subject to civil penalty of not less <br />than 51,000 per day nor more than 55,000 per day for each day the land has been affected, not <br />to exceed 365 days, as required by Section 34-32.5-123(2) of the Act. Section 34-32.5-123(4) <br />of the Act, states that in addition to the civil penalty imposed in 34-32.5-12312), the CMLRB shall <br />also assess a civil penalty in an amount not less than the amount necessary to cover costs incurred <br />by DMG in investigating the alleged violation. <br />In addition to the civil penalty, the CMLRB will require corrective action from the operator. If the <br />total affected area is 9.9 acres or less, corrective action may require the operator to submit <br />application for Amendment to the permit. Amendments are described by Rules 1.1(6) and 1.10. <br />Application fees for Amendments are 5575, as required by Section 34-32.5-125(al(II) of the Act. <br />If total affected area is greater tflan 9.9 acres, corrective action may require the operator to submit <br />application for Conversion of the permit. Conversions are described by Rule 1.1 1. Application fees <br />for Conversions are 51875, as required by Section 34-32.5-1251a111V) of the Act. <br />Submittal of the appropriate application, prior to the scheduled public hearing, may be interpreted <br />by the CMLRB as evidence of operator's desire to comply with the Act and Rules. Such evidence <br />may influence CMLRB decision regarding the amount of civil penalty and/or suspension of a portion <br />of the civil penalty. <br />Please contact me at the DMG Durango office, 484 Turner Drive, Building F, Suite 101, Durango, <br />CO 81301, phone (970) 247-5193, if you have any questions or require additional information. <br />I & E Contact Address <br />NAME Tom and Regina Farmer <br />OPERATOR Farmer's Construction Co. <br />STREET P.O. Box 84 <br />CITY/STATE/ZIP Redvale. CO 81431 <br />cc: Steve Shuey, DMG <br />^ CE <br />^ BL <br />^ FS <br />^ HW <br />^ HMWMD ICHI <br />^ SE <br />^ WOCD ICHI <br />Tim Roberts, Montrose County <br />