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STATUTE VIOLATED AND DES~TION • XX C.R.S. 34-32. 109(1) mining without a permit. C.R.S. 34-32.5-113(1) exploring without an approved N01. C.R.S. 34-32.5-109(1), or 113(1) Brad W. Rowe/Rowe Gravel (Operator) is conducting an unoermitted operation in the following location: Section 16 ,Township 33 North/South, Range 12 East/West, New Mexico P.M. HISTORY OF VIOLATIONS 1. Operator: (a) Any outstanding corrective actions or unpaid civil penalties? None. (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? None. (b) History of any and all past violations and timeliness of corrective actions. None. STAFF RECOMMENDATION Violation(sl: Staff recommends that the Board find a violation of Section 34-32.5-109 for conducting mining operations without a permit. Cease and Desist Order: Issue a Cease and Desist Order prohibiting further mining activities at this site, except reclamation tasks, until the operator has secured an approved mining and reclamation permit that includes all areas affected by this mining operation. Corrective Action(s) 1. Require the operator and/or landowner to secure an approved Notice of Intent (NOp or Construction Material (110), (111), or (112) Extraction permit by July 21, 1999 (110) or September 15, 1999 (1121 2. Require the operator andlor landowner to post an interim reclamation bond: In the amount of S 5,000 by Mav 26, 1999 3. Other corrective actions: CIVIL PENALTY (C.R.S. 34-32.5-12312) and (4) MINING WITHOUT A PERMIT 1. Require the operator andlor landowner to pay a minimum civil penalty: In the amount of S 379.30 ,based on 10 hours of staff time at 537.93/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 51,000.00 per day nor more than 55,000.00 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 37 days of violation at S 1,000.00 - S 5,000.00 per day. 3. The total civil penalty of $ 37,379.30 - S 185,379.30 (Nos. 1 & 2) is due 30 days from the date of the signed Board Order.