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• 2q STAFF RECOMMENDATION(S) Violation(s): Find Costilla County in violation of C.R.S. 34-32.5-116 (4) (i) for failure to protect areas outside of the affected land from damage occurring during the mining operation and reclamation. Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further mining related activities outside the permit boundaries except reclamation conducted in accord with the corrective actions adopted by the Boazd.. Corrective Actions(s): Require the County, as Altemative Corrective Action 1, to secure written permission, if possible, from the owner of the adjacent property which has been damaged by the County's activities to reclaim the damaged areas according to the reclamation plan approved for the San Acacio Pit and to reclaim those areas accordingly. As Altemative Corrective Action 2, the County may, with written permission from the owner of the adjacent property which has been damaged by the County's activities, include the areas of damage in the permit for the San Acacio Pit by means of an amendment in order to ensure appropriate reclamation. In order [o implement either alternative corrective action, the evidence of the adjacent land owner's written permission to do so must be presented by the County to the Division by May 1, 2000. Once selected and having provided the required written permission to do so, the County must complete Altemative Corrective Action i thru the seeding stage by July 1, 2000 and such reclamation must meet the requirements of Rule 3. Release of the County from its obligations under Alternative Corrective Action 1 will be had by meeting the requirements of Rule 4.16 and be subject to the provisions of Rules 4. ] 7 and 4.18. If Altemative Corrective Action 2 is chosen, Division approval of the amendment must be secured by July 1, 2000. In the event that the adjacent property owner's permission cannot be secured to allow either alternative ~ corrective action to be implemented, require the County to conduct substitute reclamation on an equivalent amount of disturbed land as outlined under Rule 3.1.2. The identification of such land, the reclamation plan proposed for it, the schedule of that reclamation and the written approval of the owner of the land involved must be presented to the Board for its approval at the Board's May 24-25 2000 meeting. Such reclamation must meet the requirements of Rule 3. Release of the County from its obligations in the event of substitute ~ reclamation will be had in the same fashion as specified for Alternative Corrective Action 1: , CIVIL PENALTY A person who violates any provision of a permit issued under C.R.S. 34-32.5-] Ol et. se .shall be subject to a civil penalty of not less than $100 per day, nor more than $1,000 per day for each day during which such violation occurs (C.R.S. 34-32.5-124(7)). in this matter, the Board might assess a civil penalty of $4,100.00 to $41,000.00 for 41 days of violation at $100.00 to $1,000.00 per day. SUSPENSION OF CIVIL PENALTIES The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective actions, as well as compliance with the Act and Rules and Regulations. The Board may also suspend all or a portion of the civil penalty based on the permittee's efforts to correct the violation(s) prior to the Board hearing. The permittee has completed the following actions as of January 26, 2000, in order to correct the listed potential violation(s): None