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Hard Rock Pavin¢ and ~i-Mix, lne. is conducting a mining op~ion in the following location: ~~ Sections 7 and 8, Township 49 North, Range 9 East. N.ivI.P.M. HISTORY OF VIOLATIONS (To be completed by stajJ) 1. Operator: (a) Any outstanding corrective actions or unpaid civil penalties? None at this site. (b) History of any and all past violations and timeliness of corrective actions. No previous violations at this site. 2. Landowner: (a) Any outstanding corrective actions or unpaid civil penalties? Not applicable (b) History of any and all past violations and timeliness of corrective actions. Not applicable STAFF RECOMMENDATION (To be completed by the staff) Violation(s): Find a violation of C.R.S. 34-32.5-109 (1) pursuant to C.R.S. 34-32.5-123 (2) for mining substantial acreage beyond the approved permit boundary. Cease and Desist Order: Issue a Cease and Desist Order prohibiting any mining related activity other than reclamation in the areas outside the approved permit boundaries until the required corrective actions aze completed. NOTE: If the Board would like to consider allowing the operator to continue using the areas outside the approved permit botmdazies before the corrective actions are completed, then the following is acceptable to the Division: Alternative Cease and Desist Order: Issue a Cease and Desist Order prohibiting any mining related activity other than reclamation in the areas outside the approved permit boundaries AFTER APRIL 26, 1999 unless a complete conversion application is received and an acceptable interim Financial Warranty is provided by that date. Also prohibit any mining related activity other than reclamation in the areas outside the approved permit area boundaries AFTER JULY 26, 1999 unless approval of the conversion application is received by that date. Corrective Action(s): I. Require the operator and/or landowner to submit a complete conversion application by April 26, 1999 and to secure approval of that application by July 26, 1999. 2. Require the operator and/or landowner to post an interim reclamation bond in the amount of $5,000.00 by Apri126, 1999. 3. Other corrective actions: None CI VIL PENALTY (C.R.S. 34-32.5-123(2) and (d) MIMNG WITHOUT A PERMIT (To be eonrpleted by slat)`) 1. Require the operator and/or landowner to pay a minimum civil penalty in the amount of $ 303.44, based on 8 hours to staff time at $37.93/hour. 2. If the Board finds the operation to be an illegal Construction Material Extraction Operation, the Board should also assess the operator and/or landowner a civil penalty of not less than $ I ,000.00 per day nor more than $x,000.00 per day for each day the land has been affected, not to exceed 365 days.