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HISTORY OF VIOLATIONS (Cont'd.) <br />a. History of any and all past violations and timeliness of corrective actions. NONE <br />rC <br />STAFF RECOMMENDATION(S) <br />Violation(s): <br />Pursuant to C.R.S. 34-33.5-123(2), find Colorado City Metropolitan District to be in violation of <br />C.R.S. 34-32.5-109(1) for mining substantial acreage beyond the approved permit boundary. <br />Cease and Desist Order: <br />Order Colorado City Metropolitan District to Cease and Desist from all mining activities outside <br />the approved permit boundary except reclamation activities, until the conversion application <br />currently being reviewed by the Division is approved. <br />Corrective Actions(s): <br />~. Order Colorado City Metropolitan District to obtain approval of the pending l 10 Limited Impact <br />to 112 Regulaz permit Conversion Application by June 20, 2000. <br />T doo/~~, u~ _~ ~ <br />CIVIL PENALTY !~'~ 1 `J~ ~ , , ~ ~_ e / , h '~~ r <br />Pursuant to C.R.S. 34-32.5-123(2), an operator who mines substantial acreage beyond th~' <br />approved permit boundary may be found to be operating without a permit. An operator who <br />operates without a permit shall be subject to a civil penalty of not less than $1,000.00 per day nor <br />more than $5,000.00 per day for each day the land has been affected. In this matter, the Boazd <br />might assess a civil penalty of $48,000.00 to $240,000.00 for 48 days of violation. The 48 days <br />are calculated from the date of the inspection, February 3, 2000, to this Boazd meeting date, <br />March 22, 2000. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliance with <br />the cotrective actions, as well as compliance with the Act and Rules and Regulations. <br />The Board may also suspend all or a portion of the civil penalty based on the permittee's efforts <br />to correct the violation(s) prior to the Board hearing. The permittee has completed the following <br />actions as of January 10, 2000, in order to correct the listed potential violation(s): <br />Colorado City Metropolitan District submitted an application to convert their permit to a Regular <br />(I l2) permit with enough area in the application to include all land affected outside the I IOc <br />permit boundary. The Division is reviewing the application. <br />M:bsSymmVemp1m7915& V IOPCM-Mo.dac <br />