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ra <br />STAFF RECOMMENDATION(S) <br />Violation(s): <br />• C.R.S. 34-32.5-116(1) for failure to perform the mining prescribed by the plan, AND <br />• C.R.S. 34-32.5-116(4)(1) failure to protect areas outside the permit area from slides or damage during the <br />mining and reclamation operation. <br />Cease and Desist Order: Recommend a cease and desist order for areas outside the permit area, except for purposes <br />of reclamation. <br />Corrective Actions(s): <br />Submit a I IO Amendment Application to revise the permit boundary of Lykins- Gulch to include the affected land <br />and have it approved by the Division no later than August 23, 2002. (/n order to amend the / /0 permit, the <br />operator will need to permit the new disturbed Wren mrd nt the some time request an Acreage Release Request on a <br />portion of the permit Wren that has not been disturbed 6y mining. This is considered nn "acreage swap. " The <br />Amendment Application mrd the Acreage Reduction request nttrst be hvo separate filings, and npprovnl will be <br />concurrent.) <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 [o a civil <br />penalty of not less than $ 100 per day, nor more than $ I ,000 per day for each day during which such violation <br />occurs (C.R.S. 34-32.5-124(7p. In this matter, [he Board might assess a civil penalty of $4,100.00 to $41,000.00 <br />for 41 days of violation at $100.00 to $ I ,000.00 per day. ~ ~ r l~ ao ~ r_ ( ~ 2 <br />SUSPENSION OF CIVIL PENALTIES <br />~.ts~er,cted <br />The Board 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 Board may also suspend all or a portion of [he civil penalty based on [he penni[tee's efforts to correct [he <br />violation(s) prior [o [he Board hearing. The pennittee has completed the following actions as of July 24, 2002, in <br />order to correct the listed potential violation(s): <br />• On July 22, 2002, Loukonen Bros. Stone filed a Permit Amendment Application and Bond Release request. <br />The change would be to reduce the North quarry by two acres on [he nosh boundary and increase [he South <br />Quarry by one acre to include the base of the waste pile and to establish a one acre storage area on the Flat area <br />of [he property. <br />