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Page 2 of 3 <br />o The Division estimates 12.4 acres of disturbance has occurred at the site, which is <br />2.5 acres more than approved by the permit. <br />• July 27, 2010 - the Division contacted Mr. Harry Corkle to discuss the results of the GPS <br />survey. Mr. Corkle stated he thought the 9.9 acre site was defined by the fence and he <br />would investigate the issue further. <br />July 28, 2010 - A Reason to Believe (RTB) letter and the Division's July 19, 2010 inspection report <br />were mailed to Mr. Harry Corkle with Corkle Construction. <br />August 18, 2010 - the Division met with Mr. Hughie Corkle to discuss the possible violation and <br />possible corrective actions. <br />REASON FOR VIOLATION: <br />The Operator has affected approximately 2.5 acres outside of the approved permit and the <br />boundary fenced area of 13.7 acres, is 3.8 acres more than approved in the permit. It is the <br />Operator's responsibility to obtain a reclamation permit prior to engaging in a new operation. <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34-32.5-109 (1) for failure to first obtain from the Board or Office a <br />reclamation permit prior to engaging in a new operation. <br />Cease and Desist Order: <br />Issue a Cease and Desist Order prohibiting any further mining activities on the unpermitted <br />portions of the site, except for those activities required to prevent damage to off-site areas or <br />protect the public health and safety until the Operator complies with the Board Order. <br />Corrective Action(s): <br />Require the Operator to submit a 110 to 112 Construction Materials conversion application to <br />increase the permit area to encompass the entire affected land. <br />The conversion application shall be submitted by February 15, 2011 (60 days from the assumed <br />signature date of the Board Order of December 17, 2010) with all the materials in an approvable <br />form by June 15, 2011 (120 days from the submittal due date). <br />Civil Penalty: <br />For a violation of C.R.S. 34-32.5-109 (1) in accordance with C.R.S. 34-32.5-123 (2) a Civil Penalty <br />may be assessed at a rate of $1000.00 to $5,000.00 for each day of violation. In this case, there <br />are 58 days of violation (from the date of inspection on July 19, 2010 to the first available Board <br />Meeting date of September 15, 2010). <br />The Division will access a civil penalty of $1000.00 per day of violation for 58 days. For a civil <br />penalty amount of $58,000.00 with all but $1,000.00 suspended if the Operator complies with <br />the corrective action.