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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. <br />Cease and Desist Order: None <br />Corrective Actions(s): <br />Staff recommends that the operator be required to backfill all perimeter slopes to a minimum gradient of <br />1.5 f :. dor flatter and maintain such slopes throughout the life of the mining and reclamation operation OR; <br />Submit a technical revision to the permit application by May 30, 2003 that demonstrates that the existing slopes <br />are stable (ie new stability analysis) until clay liner is properly 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 $ 4,300.00 <br />to $ 43,000.00 for 43 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 March 4, 2003, <br />in order to correct the listed potential violation(s): <br />The operator did backfill some of the slopes to a gradient of 1.5H:1 V or flatter by placing material at the toe of <br />some slopes. <br />Amin\share\violfrm. pcm