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1 <br />• <br />-2 <br />STAFF RECOMMENDATION <br />Violation(s): Violation found on March 27, 1996 for failure to maintain sufficient <br />financial warranty to assure reclamation of the affected land. <br />' Civii Penalty to be considered at the July 24, 1996 Board Hearing <br />CEASE AND DESIST ORDER <br />Corrective Action(s): Issued in March 27, 1996 -Lifted for area within <br />permitted (currently) area by Board on April 24, 1996. <br />CIVIL PENALTY <br />(A civil penalty cannot be issued by the Board against pennitted Construction <br />Material Exploration Operations, C.R.S. 34-32.5-124(7).) <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 <br />shall be subject to a civil penalty of not less than $100.00 per day nor more than <br />$1000.00 per day for each day during which such violation occurs. <br />If the Board chooses, they may suspend all or a portion of the civil penalty to <br />encourage timely compliance with corrective actions. <br />The Board may also suspend all or a portion of the civil penalty based on the <br />permittee's efforts to correct the violation prior to the Board hearing. The <br />permittee has completed the following actions in order to correct the violation(s): <br />Amendment submitted February 28, 1996 <br />Amendment approved June 28, 1996 <br />Interim Bond Received April 24, 1996 <br />Violation existed from January 16, 1996 to March 27, 1996 = 71 days <br />~ $100.00 to $950.00/day + $50.00/day for History (no History) _ <br />$7,100.00 to $67,450.00 <br />Operator has submitted the Interim Bond and has obtained amendment <br />approval. <br />c: \wp51 \83-0&7\7-96brd.rrm <br />