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<br />HISTORY OF VIOLATIONS (To be completed by the staff) <br />Operator: <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.This <br />operator at this site vas found by the Board to have failed to protect areas outside of <br />the affected land from damage during the mining operation on August 26, 1992. The <br />amendment to the permit required by the Board as the corrective action was due <br />January 8, 1993 and actually approved January 26, 1993. <br />RECOMMENDATION(S) (To be completed by the staff) <br />Violation(s): Find a violation of Rule 3.1.12 (2) of the Construction Materials Rules and <br />Regulations of the Colorado Mined Land Reclamation Board for failure to clearly mark the <br />boundaries of the pemtiVaflected area. <br />Cease and Desist Order: Issue a Cease and Desist Order prohibiting further activity at the site <br />until the boundaries of the permiUaffected area are clearly marked and the marking confirmed <br />by Division inspection. <br />Corrective Actions(s): Require that the boundaries of the permit/affgct~erd~be marked by <br />monuments or other markers that are clearly visible and adequat o delineate such <br />boundaries and, in order to facilitate the Division's inspections, also require that a sketch map <br />of the permit/affected area be provided after the boundaries have been marked with the <br />locations of the markers indicated and photographs of the markers attached. <br />CIVIL PENALTY <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. <br />sec .shall be subject to a civil penalty of not less than $100 per day, nor more than <br />$1,000 per day for each day during which such violation occurs (C.R.S. 34-32.5- <br />124(7)). In this matter, the Board might assess a civil penalty of $6,300.00 to $63,000.00 for <br />63 days of violation at $100.00 to $1,000.00 per day. <br />