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rJ~,~'! <br />2 <br />STAFF RECOMMENDATION(S) <br />Violation(s): <br />Find a violation of C.R.S. 34-32.5-116(4)(1) for failure to protect azeas outside of the affected area from slides or <br />damage during mining and reclamation operations. <br />Cease and Desist Order: <br />Cease and Desist Order: Recommend a cease and desist order for azeas outside the permit azea (3 acres) <br />Coaective Actions(s): <br />Require the operator or successor to secure an approved 110 Amendment Application (up to 9.9 acres) within 60- <br />days of the signed Boazd Order or a Construction Material (112) Extraction Permit within 160-days of the signed <br />Boazd Order. <br />CIVII., PENALTY <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. se.~c .. 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. 34-32.5-1240). In this matter, the Boazd might assess a civil penalty of 6 200.00 to <br />$62,000.00 for 62 days of violation 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 corrective <br />actions, as well as compliance with the Act and Rules and Regulations. <br />The Boazd 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 Boazd hearing. The perrnittee has completed the following actions as of July 28, 2004 <br />in order to correct the listed potential violation(s): <br />July 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 8s Gravel submitted a 112 Conversion Application. The Division is currently <br />reviewing the file for completeness. <br /> <br />