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• <br />2 <br />HISTORY OF VIOLATIONS <br />Operator: None <br />a. Any outstanding corrective actions or unpaid civil penalties? No <br />b. History of any and all past violations and timeliness of corrective actions. <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 areas outside of the <br />affected area from slides or damage during mining and reclamation operations. <br />Cease and Desist Order: Not recommended. The present permit area cannot be <br />determined at this time. <br />Corrective Actions(s): <br />1. Require the operator to submit a complete 112 Construction Materials <br />Reclamation Permit Application by September 18, 1998 <br />2. Require the operator to post an interim reclamation bond in the amount of <br />$37,750.00 by November 21, 1998. <br />3. Require the operator to secure an approved Construction Material (112) <br />Extraction Permit by December 18, 1998 if no objections ore received and by <br />January 1 b, 1998 if objections are received. <br />CIVIL PENALTY <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. sea. <br />shall be subject to a civil penalty of not less than $100 per day, nor more than $1,000 per <br />day for each day during which such violation occurs (C.R.S. 34-32.5-124(7}}. <br />1. Require the operator to pay a minimum civil penalty in the amount of $466.20 <br />based on 14 hours to staff time at $33.30/hour. <br />2. If the Board finds the operation to be an illegal Construction Material Extraction <br />Operation, the Board should also assess the operator a civil penalty of not less than <br />$100 per day, nor more than $1,000 per day for each day the land has been <br />affected. <br />