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... STATUTE VIOLATED AND DESCRIPTION X C.R.S. 34-32.5-109(1) mining without a permit. C.R.S. 34-32.5-I 13(1) exploring without an approved NOI. C.R.S. 34-32.5-109(1), or 113(1) Loukonen Brothers Stone (Operator) is mining without a permit in the following location: Section 6 , Toµmship 3 North, Range 70 West, 6th P:M. 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 cotrective actions. • MV94023 Mining outside the permit azea. Abated 9/19/94. (2) Landowner: (a) Any outstanding corrective actions or unpaid civil penalties? Same (b) History of any and all past violations and timeliness of corrective actions. Same STAFF RECOMMENDATION Violation(s): Find the operator in violation of C.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 areas that fall outside the permit area (3.8 acres), with exception to reclamation activities. Corrective Action(s): ai 1. Submit a complete 112-conversion application by May 1999. 1Q. 2. Secure an approved Construction Material (112) Extraction Permit by AugustJ~Y, 1999 if no objections aze received or by $ept~ber~ 1999 if objections aze received. t~~~ ~~ 3. Post an adequate perf~omiance w rranty within 60 days ance. ~. CIVIL PENALTY (C.R.S. 34-32.5-123(2) and (4) MINING WITHOUT A PERMIT Require the operator to pay a minimum civil penalty: In the amount of 379.30, based on 10 hours of staff time at $37.93/hr. 2. [f the Board finds the operation to be an illegal mining operation, the Board should assess [he operator 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.