2009-02-11_ENFORCEMENT - M1984043

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16.4-acre total permit area. As a result of the per conversion application, the Division recalculated the financial warranty for the site to $52,000. In January 2007, the Division approved the conversion application and informed the Operator of the additional $36,000 required for the financial warranty and that the conversion would not be final until the Division approved the bond. 4. The Division discovered during a routine file review in March 2009, that the Operator had not submitted the financial warranty for the site's conversion application, CN- 01. The Operator failed to submit the financial warranty and therefore did not obtain a reclamation permit as required by the 2006 Order. 5. The Division inspected the site again on July 17, 2009. The inspector saw evidence of mining activities occurring outside of the approved permit boundaries. The Division initiated an enforcement hearing before the Board that began in October 2009 and was continued to the November 2009 Board meeting. 6. As a result of the November 2009 hearing the Board found the Operator in violation of § 34-32.5-109(l), C.R.S., for failing to obtain a reclamation permit prior to engaging in a new mining operation and in violation of § 34-32.5-124(1), C.R.S., for failing to comply with the conditions of a Board Order. The Board upheld the previously issued Cease and Desist Order and ordered two corrective actions: the Operator had to provide all the materials required to allow Board consideration of the previous approval of the Conversion Application, and the Operator had to post the 112c conversion financial warranty increase of $36,000. The Board also imposed a $53,699.20 civil penalty, suspending all but $2,000, if the Operator completed the corrective actions within 60 days of the Board Order's signature date. The Board's Order was signed on December 10, 2009. 7. On December 11, 2009 the Division mailed the Operator notice of the January 6, 2010 hearing on the conversion application. 8. On December 24, 2009, the Operator provided the Division with proof of re- notification and re-publication. The public comment period ended on December 30, 2009. The Division did not receive any comments or objections on the Operator's conversion application. 9. On January 4, 2010, the Operator submitted the required financial warranty increase of $36,000 in a form acceptable to the Division. 10. On January 6, 2010, the Division received the Operator's payment of the $2,000 unsuspended portion of the civil penalty. 11. At the January 2010 hearing the Division recommended the Board approve the conversion application. The Division noted that the conversion application satisfies the requirements of the Colorado Mined Land Reclamation Act and Rules; the Division received the required financial warranty and civil penalty payment; and no objections were received in response to the application's re-publication and re-notification. The conditions of the Board's December 2009 Order have been satisfied. Pelino Inc. Reconsideration of Previous Division Approval 2 M-1984-043