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c <br />' <br />Staff Recommendation <br />Given the history of Valco Inc.'s topsoil "mishandling" and the Division's <br />efforts to devise remedial actions, the Staff believes that Valco, Inc. <br />should NOW be found in violation of the Permit No. 81-132 and the <br />Colorado Mined Land Reclamation Act provision 34-32-116 (g): <br />"(g) Where it is necessary to remove overburden in order to mine <br />the mineral, topsoil shall be removed form the affected land and <br />segregated from the other spoil...". <br />The staff recommends that the maximum civil penalty of $1,000.00 per day, for <br />each of the 2 days estimated it took to remove the topsoil, should be levied. <br />Corrective action should include Valco, Inc.'s comittment to salvage and <br />secure (stockpile) an adequate volume of topsoil, such that all disturbances <br />(at any point in time) may be reclaimed according to permit provisions. <br />*(Insignificant, Moderate, Severe) <br /> <br />~~ <br />