Laserfiche WebLink
<br />2 <br />STAFF RECOMMENDATION(S) <br />Violation(s): <br />Staff recommends that the Board find the operator in violation of C.R.S. 34-32.5-I 16(4)(1) for failure to protect <br />areas outside of the affected land from slides or damage during the mining and reclamation operations. <br />Cease and Desist Order: <br />Recommend a cease and desist order be issued for areas that fall outside the permit area (3.8 acres), with <br />exception for reclamation activities. <br />Corrective Actions(s): <br />1. Submit a complete 112-conversion application by May 15, 1999. <br />2. Secure an approved Construction Material (112) Extraction Permit by August 13, 1999 if no objections are <br />received or by September 12, 1999 if objections are received. <br />3. Post an adequate performance warranty within 60 days of permit issuance. <br />CIVIL PENALTY <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. sec .. shall be subject to a <br />civil penalty of not less than $100 per day, nor more than $1,000 per day for each day during which such <br />violation occurs (C.R.S. 34-32.5-124(7)). In this matter, the Board might assess a civil penalty of 5 900.00 to <br />$59,000.00 for 59 days of violation at 100.00 to 1 000.00 per day. <br />SUSPENSION OF CIVIL PENALTIES <br />The Boazd may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective <br />actions, as well as compliance with the Act and Rules and Regulations. <br />The Boazd may also suspend all or a portion of the civil penalty based on the petmittee's efforts to correct the <br />violation(s) prior to the Board heazing. The permittee has completed the following actions as of April 28, 1999, <br />in order to correct the listed potential violation(s): <br />Loukonen Brother Stone submitted a 112-conversion application on April 15, 1999. The application is <br />currently under review for completeness and adequacy. <br />'gym m~sharewiol Gm.pcm <br />