2010-11-08_ENFORCEMENT - M1990134

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STAFF RECOMMENDATION: Violation: Find a violation of C.R.S. 34-32.5-109(1) for failure to obtain from the Board or Office a reclamation permit prior to engaging in a new operation. Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further mining activities, except for those activities required to prevent damage to off-site areas, or protect public health and safety until the Operator complies with the MLRB order. Corrective Action(s): Require the operator to provide all materials necessary to allow Division approval of an amendment or conversion application to Permit No. M-1990-134 addressing the incorporation of all lands affected by the mining operation into the approved affected area within 180 days of the signature date of the Board Order. Civil Penalty: For a violation of C.R.S. 34-32.5-109(1), in accordance with C.R.S. 3432.5-123(2), a Civil Penalty may be 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 violation (from September 28, 2010 when the current site conditions map was received by the Division to the November 17, 2010, 2010 Board Meeting). The Division will assess a civil penalty of $1,000.00 per day of violation for 50 days. For a civil penalty amount o ]3 g- OO.flO-with all but $1,000.00 suspended if the Operator complies with the corrective 7apv,ao action. Payment of the unsuspended portion of the civil penalties ($1,000.00) is due within 30 days of the signature of the Board Order. Operator(s) Signature: By signing this, the Operator agrees with the stated violation, and agrees to comply with the Corrective Action(s) and Civil Penalty outlined above on the Staff Summary Form for - 111? t PC O perator Signature Notary Public 4te" sent enda Items. M rpsatcc % ©n lV????I avru J ; M ASS `Jersoi?l1" ,we*v?J 1 r ?/?. C ?.f, W;U,'AM 010e' /PS?t11.'J MAss v`ri l / t .ra?/? •, ?$V ,Q?? ??lo? l a1< S%5nri r9ja /1vc S'jq'• ••0?,?+ 6L o-It Page 3 of 3