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~:- <br />2 <br />HISTORY OF VIOLATIONS <br />a. Any outstanding corrective actions or unpaid civil penalties? NO <br />b. History of any and all past violations and timeliness of corrective actions. <br />August 8, 1991. Mining without a permit. Deakins Pit M-1991-092. Obtained a permit in a timely manner. <br />STAFF RECOMMENDATION(S) <br />Violation(s): Find a violation of Section 34-32.5-116(4)(1) for failure to protect azeas outside of the affected <br />land from slides or damage during the mining operation and reclamation.. <br />Cease and Desist Order: Recommended for any areas outside the presently permitted area, with the exception of <br />reclaiming current disturbances outside the permitted area. <br />Corrective Actions(s): Reclaim the areas outside the current permitted area and obtain al~eements with the <br />power line R.O.W. holders, or demonstrate that the mining activities will not affect the sl:ability of the power <br />line structures. Post a $1,500.00 interim bond for areas outside the present permit area to assure revegetation of <br />those azeas. Such bond will be released upon Division of Minerals and Geology acceptance of the reclamation <br />of those areas outside of the present permit area. All reclamation of the disturbed areas outside of the current <br />permit azea, including seeding, shall be completed by no later than October 31, 2005. <br />CIVIL PENALTY <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et, sue, shall be subject to a <br />civil penalty of not less than $100 per day, nor more than $1,000 per day for each day during which such <br />violation occurs (C.R.S. 34-32.5-124(7)). In this matter, the Boazd might assess a civil penalty of $8.300.00 to <br />$ 83,000.00 for 83 days of violation at 1$ 00.00 to 1 000.00 per day. Payment of civil penalties are <br />due within thirty (30) days of the date the signed Board Order is mailed, unless otherwise specified by the Board <br />in the Board Order. Where corrective actions are not completed by the Board ordered corrective action date <br />stated in the Board Order, the suspended civil penalties are due in full within 30 days of the deadline for boazd- <br />ordered corrective actions. <br />(Dates of violation are calculated from the date of the Office inspection, or such earlier date where the Office <br />provides the Board evidence that the violation occurred at an earlier date. The number of days of violation starts <br />with the Office inspection or earlier date, and may extend to the date of the Board hearing where the Board <br />determines that a violation of the Act, Rules or permit has occurred.) <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective <br />actions, as well as compliance with the Act and Rules and Regulations. <br />The Board may also suspend all or a portion of the civil penalty based on the permittee':s efforts to correct the <br />violation(s) prior to the Board hearing. The operator, Mr. Jimmy Duran,has completed the following actions as <br />of May 25, 2005 in order to correct the listed potential violation(s): <br />Regraded the disturbance under the power lines and contacted the R.O.W. holders. <br />