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',9 <br />2A <br />STAFF RECOMMENDATION(S) <br />Violation(s): Find Costilla County in violation of C.R.S. 34-32.5-116 (4) (i) for failure to protect azeas outside <br />of the affected land from damage occurring during the mining operation and reclamation. <br />Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further mining related activities outside <br />the permit boundaries except reclamation conducted in accord with the corrective actions adopted by the Boazd. <br />Corrective Actions(s): Require the County, as Alternative Corrective Action 1, to secure written permission, if <br />possible, from the owner of the adjacent property which has been damaged by the County's activities to reclaim <br />the damaged azeas according to the reclamation plan approved for the San Acacio Pit and to reclaim those areas <br />accordingly. As Alternative Corrective Action 2, the County may, with written permission from the owner of <br />the adjacent property which has been damaged by the County's activities, include the azeas of damage in the <br />permit for the San Acacio Pit by means of an amendment in order to ensure appropriate reclamation. In order to <br />implement either alternative corrective action, the evidence of the adjacent land owner's written permission to <br />do so must be presented by the County to the Division by April 1, 2000. Once selected and having provided the <br />required written permission to do so, the County must complete Alternative Corrective Action 1 thru the <br />seeding stage by June 1, 2000 and such reclamation must meet the requirements of Rule 3. Release of the <br />County from its obligations under Alternative Corrective Action 1 will be had by meeting the requirements of <br />Rule 4.16 and be subject•to the provisions of Rules 4.17 and 4.18. If Alternative Corrective Action 2 is chosen, <br />Division approval of the amendment must be secured by June 1, 2000. <br />In the event that the adjacent property owner's permission cannot be secured to allow either alternative <br />corrective action to be implemented, require the County to conduct substitute reclamation on an equivalent <br />amount of disturbed land as outlined under Rule 3.1.2. The identification of such land, the reclamation plan <br />proposed for it, the schedule of that reclamation and the written approval of the owner of the land involved must <br />be presented to the Board for its approval at the Board's Apri126-27,2000 meeting. Such reclamation must meet <br />the requirements of Rule 3. Release of the County from its obligations in the event of substitute reclamation will <br />be had in the same fashion as specified for Alternative Corrective Action 1. <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 Boazd might assess a civil penalty of $4,100.00 to <br />$41,000.00 for 41 days of violation at $100.00 to $1,000.00 per day. <br />SUSPENSION OF CI VIL 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 permittee's efforts to correct the <br />violation(s) prior to the Boazd hearing. The permittee has completed the following actions as of <br />January 26. 2000, in order to correct the listed potential violation(s): None <br />