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<br />Health or safety hazard, describe - n/a <br />HISTORY OF VIOLATIONS <br />01/26/94 NOV No. M-94-004 Issued for failure to dispose of refuse from the mine in a <br />manner that will control unsightliness or deleterious effects <br />from such refuse. <br />01/26/94 NOV No. M-94-003 Issued for conducting mining activities outside of the permitted <br />area. <br />STAFF RECOMMENDATION <br />Violation(s-: Find the operator in violation of Section 34-32-116.51311b1of the Colorado Mined <br />Land Reclamation Act, 34-32-101 et seq., C.R.S. 1973, as amended, and of Rule <br />7.2.3(211c) of the Hard Rock/Metal Mining Rules and Regulations of the Colorado <br />Mined Land Reclamation Board, effective 5/77, amended 10/95, for failure to <br />submit an EPP within statutory deadline. <br />2. Cease and Desist Order: Issue Cease and Desist Order, prohibiting further mining activities, <br />except for reclamation activities and site maintenance, until operator <br />submits an adeguate EPP to DMG. <br />3. Corrective Actionls-: Reouire the operator to submit an adeguate EPP, demonstrating <br />compliance with all applicable requirements of the Act, Rules and <br />Regulations, except for the hydrologic data necessary to establish <br />baseline conditions, by June 30, 1997. <br />4. Civil Penalty: Issue civil penalty in the amount of S 100 - S 1 ,000 per day for the period of time <br />from 03/01 /97 through 04/23/97, 53 days. Range of possible civil penalty is no <br />less than 55,300.OOand not greater than $53,000.00. <br />A person who violates any provision of a permit issued under C.R.S. 34-32-101 shall be subject to a civil <br />penalty of not less than S 100 per day nor more than S 1,000 per day for each day during which such <br />violation occurs (C.R.S. 34-32-1 2417)). Additionally, any costs incurred by the Board or Office in <br />carrying gut corrective action pursuant to this section may be assessed against the violator. The Board <br />may also assess additional costs against the violator for any inordinate expenditure of Board or Office <br />resources necessitated by the administration of such corrective action (C.R.S. 34-32-12412)Ibll. <br />If the Board chooses, they may suspend all or a portion of the civil penalty to encourage timely <br />compliance with corrective actions. <br />The Board may also suspend all or a portion of the civil penalty based on the permittee's efforts to <br />correct the violation prior to the Board hearing. The permittee has completed the following actions as of <br />April 22. 1997, in order to correct the violation: <br />Certain portions of the EPP have been adequately addressed Isee Attachment Bl. <br />