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<br />STAFF RECOMMENDATION(S) <br />Violation(s): The Division recommends that the Board find a violation of C.R.S. 34-32.5- <br />117(4)(b) and (c). <br />Cease and Desist Order: The Division recommends that the Board issue a Cease and Desist <br />Order to prevent any additional disturbance at the site other than reclamation activities. <br />Corrective Actions(s): Staff recommends that the Board order the operator to submit the <br />additional $11,477.00 financial warranty within 30 days from the date of this Board Order or to submit <br />additional financial warranty in an amount agreeable to the Division within 30 days as a result of <br />completing additional reclamation at the site. The reclamation must be verified by the Division and <br />must include backfilling of the "trout ponds". The operator must notify the Division by letter when the <br />reclamation has been completed. As an alternative, the Division recommends that the Board allow <br />the operator to transfer the permit, through the Succession of Operator process, if a complete <br />Succession of Operator application (including an adequate financial warranty) is submitted to the <br />Division within 30 days from the date of this Board Order. <br />CIVIL PENALTY <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. <br />sea• shall be subject to a civil penalty of not less than $100 per day, nor more than $1,000 per day <br />for each day during which such violation occurs (C.R.S. 34-32.5-124(7)). In this matter, the Board <br />might assess a civil penalty of $5,000.00 to $50,000.00 for 50 days of violation extending from May <br />3, 1999 to June 22, 1999 at $100.00 to $1,000.00 per day. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the <br />corrective actions, and 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 <br />correct the violation(s) prior to the Board hearing. The permittee has completed the following actions <br />as of June 11, 1999 in order to correct the listed potential violation(s): No actions taken. <br />2 <br />