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HISTORY OF VIOLATIONS <br />Operator: <br />(a) Any outstanding con-ective actions or unpaid civil penalties? <br />None <br />(b) History of any and all past violations and timeliness of corrective actions. <br />None <br />2. Landowner: (one in the same) <br />(a) Any outstanding corrective actions or unpaid civil penalties? <br />None <br />(b) History of any and all past violations and timeliness of corrective actions. <br />None <br />STAFF RECOMMENDATION <br />Violation: Failure to obtain a mining permit. <br />Cease and Desist Order <br />Corrective Action(s): <br />1. Require the operator and/or landowner to secure an approved Construction Material (110c) or <br />(112c) Extraction permit by July 17"', 2006. <br />2. Require the operator and/or landowner to post an interim reclamation bond: <br />In the amount of $ 7500.00 by June 151, 2006 (2500.00 per acre) <br />3. Other corrective actions: Install silt fencing at point where stormwater may enter wetlands to the <br />west. <br />CIVIL PENALTY (C.R.S. 34-32.5-123(2) and (4) MINING WITHOUT A PERMIT <br />1. Require the operator and/or landowner to pay a minimum civil penalty: <br />In the amount of 5$ 66.40, based on 10 hours of staff time at $56.64/hour. <br />2. If the Board finds the operation to be an illegal mining operation, the Board should also assess <br />the operator and/or landowner a civil penalty of not less than $1,000.00 per day nor more than <br />$5,000.00 per day for each day the land has been affected, not to exceed 365 days. (Dates of <br />violation are calculated from the date of the Office inspection, or such earlier date where the <br />Office provides the Board evidence that the violation occurred at an earlier date. The number of <br />days of violation starts with the Office inspection or earlier date, and may extend to the date of <br />the Board hearing where the Board detennines that a violation of the Act, Rules or pennit has <br />occurred.) <br />In this case, the Office recommends that the Board could find 51 <br />days of violation at $ 1000.00 per day. <br />3. The total civil penalty of $51,566.40 (Nos. 1 & 2). Payment of civil penalties are due within <br />thirty (30) days of the date the signed Board Order is mailed, unless otherwise specified by the <br />Board in the Board Order. Where corrective actions are not completed by the Board ordered <br />corrective action date stated in the Board Order, the suspended civil penalties are due in full <br />within 30 days of the deadline for board-ordered corrective actions. <br />