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STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34-32.5-116 (4) (i) for failure to protect areas outside of the <br />affected land from slides or damages occurring during the mining operation. <br />Cease and Desist Order: <br />Issue a Cease and Desist Order for all lands affected outside of the approved boundary <br />until all corrective actions required are completed. <br />Corrective Action(s): <br />Submit and receive approval of a conversion application from the Division to increase the <br />permit acreage to encompass the current affected land. The conversion application must <br />be submitted by May 12, 2011 and in an approvable form by August 11, 2011. <br />Civil Penalty: <br />For a violation of C.R.S. 34-32.5-116 (4) (i), a Civil Penalty may be assessed at a rate of <br />$100.00 to $1,000.00 for each day of violation. In this case, there are 61 days of <br />violation (from the date of inspection on December 10, 2010 to the February 9, <br />2011 Board Meeting). <br />The Division will access a civil penalty of $100.00 per day of violation for 61 days. For <br />a civil penalty amount of $6,100.00 with all but $100.00 suspended if the Operator <br />complies with the corrective action. <br />Payment of the un-suspended portion of the civil penalties is due within 30 days of the <br />signature date of the Board Order. <br />Operator(s) Signature: <br />By signing this, the Operator agrees to the stated violation and will comply with the <br />Cease and Desist Order, Corrective Action(s) and Civil Penalty outlined above on the <br />Staff Summary Form for Consent Agenda Items. <br />Operator Signature Date Notary Public <br />My Commission expires: