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2 <br />HISTORY OF VIOLATIONS <br />a. Any outstanding corrective actions or unpaid civil penalties? NONE <br />b. History of any and all past violations and timeliness of corrective actions. NONE <br />STAFF RECOMMENDATION(S) <br />Violation(s): <br />Staff recommends that the Board find the operator in violation of C.R.S. 34-32.5-116(4)(1) for failure to protect <br />areas outside of the approved affected areas from slides or damage occurring during mining operations and in <br />violation of 34-32.5-115(4)(e) for potentially adversely affecting the stability of any significant, valuable, or <br />permanent man-made structure within 200 feet of the affected lands. <br />Cease and Desist Order: None <br />Corrective Actions(s): <br />Staff recommends that the operator be required to backfill slopes with compacted fill to the appropriate set- <br />backs of 25 feet from the affected lands boundary OR: <br />Submit a revision to the permit application within 30 days (with the appropriate stability analysis) <br />demonstrating that the existing slopes are stable with the 10 foot set-back, or if unable to demonstrate stability, <br />provide a plan ensuring slope stability until the slope liner is installed. <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 to a <br />civil penalty of not less than $100 per day, nor more than $1,000 per day for each day during which such <br />violation occurs (C.R.S. 34-32.5-124(7)). In this matter, the Board might assess a civil penalty of $_5,700.00_ <br />to $ 57,000.00 for 57 days of violation at $ 100.00 to $ 1,000.00 per day. <br />SUSPENSION OF CIVIL PENALTIES <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 the civil penalty based on the permittee's efforts to correct the <br />violation(s) prior to the Board hearing. The permittee has completed the following actions as of April 30, 2003, <br />in order to correct the listed potential violation(s): <br />None to date <br />Amin\shareWiolfrm. pcm