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r '~ ~ HISTORY OF VIOLATIONS 1. Operator: (a) Any outstanding corrective actions or unpaid civil penalties? No (b) History of any and all past violations and timeliness of corrective actions. None 2. Landowner: (a) Any outstanding corrective actions or unpaid civil penalties? No (b) History of any and all past violations and timeliness of corrective actions. None STAFF RECOMMENDATION Violation(s): Find the operator in violation ofC.R. S. 34-32.5-109(1) for failure to obtain a Construction Materials Reclamation Permit prior to conducting mining and reclamation operations. Cease and Desist Order: Recommend that a cease and desist order be issued for azeas that fall outside the permit area (3.34 acres). Corrective Action(s): Require the operator to secure an approved Construction Material (112c) Extraction Permit within 160-days of the signed Board Order. CIVIL PENALTY (C.RS. 34-32.5-123(2) and (4) MINING WITHOUT A PERMIT 1. Require the operator and/or landowner to pay a minimum civil penalty: In the amount of $ 1.132.80, based on 20 hours of staff time at $56.64/hour. 2. If the Board finds the operation to be an illegal mining operation, the Board should also assess the operator and/or landowner a civil penalty of not less than $1,000.00 per day nor more than $5,000.00 per day for each day the land has been affected, not to exceed 365 days. In this case, the Office recommends that the Board could find 55 days of violation at $1,000.00 to $5,000.00 per day, for a total of $55,000.00 to $275,000.00 . The total civil penalty of $56,132.80 to $276,132.80 (Nos. 1 & 2) is due 30 days from the date of the signed Board Order. SUSPENSION OF CIVIL PENALTIES The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the conrective actions, and compliance with the Act and Rules and Regulations. July 12, 2006 Pelino Inc. submitted a 112 Conversion Application.