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<br /> <br />2 <br />STAFF RECOMMENDATIONS <br />Violation(s): <br /> <br />~~ Staff recommends that the Board find a violation of CRS 34-32.5-1 16(4)(1) for failure to protect areas outside of <br />the affected land from slides or damage occurring during the mining operation and reclamation. <br />Cease and Desist Order: <br />Z Recommended for any azeas outside the presently permitted area. Cease and Desist Order not to apply to any <br />activities that reduce reclamation liability or are directly related to reclamation of the disturbed area. <br />Corrective Actions(s): <br />Either: 1) Complete a swap of acreage wi irt-ttttrpermit area that ever been disturbed by mi g <br />activitie r the land that has disturbed. Under this o 'on all notification procedu and <br />ti ames would be same as under an amendmen my the fee would be re to that of a <br />chnical revi ' If the Division received an o tion to the action, th erator would be required to <br />submi full amendment fee and the acti would be processed an amendment. OR <br />2) <br />3~ _~ 3). 6~e~(4,1;.,_ b ~~o ~ s - ~ 6.,,~-~; il,'~ ~ sP~w,~z,'_ o~f ~s--N'° <br />Either option to be submitted~o the Division and found complete by no later than 415M on July 31, 2001. t/tHf <br />wl~r. <br />Both above options to be concluded within 90 days of submittal if no objections are received and l20 days if <br />objections are received. <br />CIVIL PENALTY <br />The Division recommends that the Board find no civil penalty in this case since the operator voluntarily <br />reported the violation, backfilled all the pit run material prior to the Division inspection, and has been very <br />cooperative throughout the process. <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 <br />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 correct the <br />violation(s) prior to the Board hearing. The permittee has completed the following actions as of the inspection <br />date of June l4, 2001 in order [o correct the listed potential violation(s): Operator had informed the Division <br />as soon as the mistake was discovered and backfilled the pit run gravel removed. Operator has also <br />undertaken to contact possibly affected landowners to try and work something out in regards to the <br />problem. <br />~o c.P ~-z <br />C.UIy DuvnrmslBOUd bemslVIOLFRMConnell.do. <br />