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Page 2 of 3 <br />REASON FOR VIOLATION: <br />The Operator has placed overburden mined from the pit onto land that is outside ofthe permit area. <br />STAF F RF.COA7i1r1ENDAT1011j- <br />Violation: <br />Find a violation of §34-32.5-116(4)(i) C.R.S. for failure to protect areas outside of the affected <br />land from slides or damage occurring during the mining operation, <br />and <br />find a violation of §34-32.5-116(4)0) C.R.S. for failure to stabilize and protect all surface areas <br />of the affected land, including spoil piles, so as to effectively control erosion. <br />Cease and Desist Order: <br />Issue a Cease and Desist Order prohibiting any further mining-related activities on the unpermitted <br />portions of the site, except for those activities required to pre; Cnt damage to o11-site areas or to <br />protect human health, property, or the environment until the Operator complies with the Board <br />Order. <br />Corrective Action(s): <br />Require the Operator to submit a 112 Construction Materials Amendment Application that will <br />expand the permitted area to include the newly disturbed area. <br />The Amendment application shall be submitted by 1 March 2011. <br />Civil Penalty: <br />For violations of §34-32.5-116(4)(1) and 0) C.R.S. a Civil Penalty may be assessed at a rate of <br />WOW $1,000 for each day of violation. In this case, there are 44 days of violation (from the date <br />of inspection on 4 October 2010 to the initially scheduled Board Meeting date of 17 November <br />2010). <br />The Division could assess a civil penalty of $100 to $1,000 per day of violation for 44 days for a <br />civil penalty amount of between $4,400 and $44,000. In this matter, the Division assesses a civil <br />penalty of $10,000 with all but $1,000 suspended if the Operator complies with the corrective <br />action. <br />Payment of the un-suspended portion of the civil penalties (51,000) is due within 30 days of the <br />signature date of the Board Order.