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:, k <br />~. <br />2 <br />HISTORY OF VIOLATIONS <br />a. Any outstanding corrective actions or unpaid civil penalties? None <br />b. History of any and all past violations and timeliness of corrective actions. None <br />STAFF RECOMMENDATION(S) <br />Violation(s): Find the operator in violation of Section 34-32.5-116(4)(1) of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, 34-32.5-101 et. seq., C.R.S., and <br />Construction Materials Rule 3.1.5(3), and permit conditions for failure to protect offsite areas from <br />damage. <br />Cease and Desist Order: Issue a Cease and Desist Order, prohibiting further mining activities, <br />except for reclamation activities and site maintenance, until the operator complies with the corrective <br />actions defined below. <br />Corrective Actions(s): Within sixty (60) days from the signature date of this Board Order, submit <br />either an Amendment to the existing permit, OR Conversion, to include all affected lands within the <br />permit. The revised permit application shall include a geotechnical stability exhibit, which specifically <br />addresses the potential for damage to County Road 25 from mining activities, and satisfies the <br />applicable requirements of Rule 6.5. The revised permit shall address final reclamation of the steep <br />slopes resulting from mining activities. <br />CIVIL PENALTY <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. sec .shall be <br />subject to a civil penalty of not less than $100 per day, nor more than $1,000 per day for each day <br />during which such violation occurs (C. R.S. 34-32.5-124(7)). In this matter, the Board might assess a <br />civil penalty of 3 400 to 34 000 for 34 days of violation at $100 to $1,000 per day. <br />NOTE: The 34 days of violation was determined from the date of DMG's Reason to Believe a <br />Violation Exists, June 24, 2004. <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, as well as 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 4, 2004, in order to correct the listed potential violation(s): <br />Correspondence indicates that San Juan County has retained a geotechnical engineering firm <br />