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STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34-32.5-109(1) for failure to obtain from the Board or Office a reclamation <br />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, except for those activities <br />required to prevent damage to off-site areas, or protect public health and safety until the Operator <br />complies with the MLRB order. <br />Corrective Action(s): <br />Require the operator to provide all materials necessary to allow Division approval of an amendment or <br />conversion application to Permit No. M-1990-134 addressing the incorporation of all lands affected by <br />the mining operation into the approved affected area within 180 days of the signature date of the Board <br />Order. <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 may be <br />assessed at a rate of $1,000.00 to $5,000.00 for each day of violation. In this case, there are 37 days of <br />violation (from September 28, 2010 when the current site conditions map was received by the Division <br />to the November 17, 2010, 2010 Board Meeting). <br />The Division will assess a civil penalty of $1,000.00 per day of violation for 50 days. For a civil penalty <br />amount of $50,000.00 with all but $1,000.00 suspended if the Operator complies with the corrective <br />action. <br />Payment of the unsuspended portion of the civil penalties ($1,000.00) is due within 30 days of the <br />signature of the Board Order. <br />Board approval of this Consent Agenda item will implement this recommendation. <br />Page 2 of 2