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M <br />HISTORY OF VIOLATIONS <br />Operator: <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. None <br />2. Landowner: <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. None <br />STAFF RECOMMENDATION <br />Violation(s): <br />Find the operator in violation of C.R.S. 34-32.5-109(1) for failure to obtain a Construction Materials Reclamation Permit prior <br />to conducting mining and reclamation operations. <br />Cease and Desist Order: <br />Recommend that a cease and desist order be issued for areas that fall outside the permit azea (3 acres). <br />Corrective Action(s): <br />Require the operator and/or landowner to secure an approved 110 Amendment Application (up to 9.9 acres) <br />within 60-days of the signed Boazd Order or a Construction Material (112) Extraction Pemtit within 160-days <br />of the signed Boazd Order. <br />CIVIL PENALTY (C.R.S. 34-32.5-123(2) and (4) MINING WITHOUT A PERMIT <br />Require the operator and/or landowner to pay a minimum civil penalty: <br />Tn the amount of $ 1.132.80, based on 20 hours of staff time at $56.64/hour. <br />2. If the Boazd fmds the operation to be an illegal mining operafion, the Boazd should also assess the operator <br />and/or landowner a civil penalty of not less than $1,000.00 per day nor more than $5,000.00 per day for <br />each day the land has been affected, not to exceed 365 days. <br />In this case, the Office recommends that the Board could fmd 62 days of <br />violation at $1,000.00 to $5,000.00 per day, for a total of $62.000.00 to <br />$310,000.00 . <br />3. The total civil penalty of $63.132.80 to $311,132.80 (Nos. 1 & 2) is due 30 days from the date of the <br />signed Boazd Order. <br />SUSPENSION OF CIVIL PENALTIES <br />The Boazd may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective actions, and <br />compliance with the Act and Rules and Regulations. <br />Julv 23.2004- High Plains Sand & Gravel sent in additional information for the SO/Transfer of Permit (SP-02). <br />The Division is currently reviewing it for adequacy. <br />Julv 23.2004- High Plains Sand & Gravel submitted a 112 Conversion Application. The Division is currently <br />reviewing the file for completeness. <br />