Laserfiche WebLink
<br /> <br /> <br />(b) History of any and all past violations and timeliness of corrective actions. <br />STAFF RECOMMENDATION - - - ~ - <br />~r acs: ~ i ~ '. !. n <br />C~ ~ Violation(s): Find a violation of C:R.S. 34=32.5-109(1) for engaging in a mining operation without first <br />obtaining a reclamation permit. <br />j Cease and Desist Order: Order Fort Lyon Cartal Company to cease mining operations, until a reclamation <br />permit has been obtained. <br />Corrective Action(s): <br />1. Require the operator~~td'/,,6~,1"~n~o~vn~i <br />(112) Extraction permit by March L <br />2. Require the operator and/or cvwr~e~ <br />In the amount of $ 8,400.00 by <br />~3. Other corrective actions: <br /><r~'~u` <br />secure an approved Construction Material (110) or <br />o post an interim reclamation bond: <br />November ItS. 2001 <br />CIVIL PENALTY (C.R.S. 34-32.5-123(2) and (4) MINING WITHOUT A PERMIT <br />i 1. Require the operator arrdloYlaltd'd~t1~~o pay a minimum civil penalty: <br />In the amount of $ 32.41 ,based on 8_Shours of staff time at $37.93/hour. <br />I 2. If the Board finds the operation to be an illegal mining operation, the Board should also assess <br />the operator~d~vG~~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. <br />In this case, the Office recommends that the Board could find 21 <br />~d~ays of violation at $ 1.000.00 per day. r r~. ~ •r. ; 7~f- . i <br />3. The total civil penalty of $ 21,322.41 (Nos. 1 & 2) is~ue 30 days from the date of the signed <br />BoardOrder.\ G"C~~}C~^• 3/-2.~f~ ~,.~~-., ~ i~ C~ <br />/ ~ M~-r ,~ 0 sIT~ ~ <br />CIVI PENALTY (C.R.S. 34-32. -123(3) and (4)) EXPLORING WITH OUT A P RMIT <br />4. If the Board finds the operation to be an illegal xploration operation, the Board should also <br />assess the opera[o and/or landowner a civil pen Ity. The Civil penalty s all not be less than <br />$50.00 per day, n r more than $200.00 per day or each day th~land has been affected, not to <br />exceed 60 days. i ~ <br />~ / I <br />In this case the Office recommends thatrthe Board find ~ <br />days of violation at $ per day. I ~ I / <br />i I <br />5. The total civil penalty of'$ (Nos. 1 & 4) is dye 30 days from the date of the signed <br />~ Board Order. ~. / ` / ' <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, and compliance with the Act and Rules and Regulations. <br />aj 2 <br />M:\oss\AHDUdo\presenlauon? (omi 10-U-Ol.doc <br />