2010-12-20_ENFORCEMENT - M2004028 (2)

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The Operator has affected approximately 1.8 acres of land more than they are currently approved. It is the Operator's responsibility to protected areas outside of the affected land from slides or damages occurring during the mining and reclamation operation in accordance with C.R.S. 34-32.5-116 (4) (i). STAFF RECOMMENDATION: Violation: Find a violation of C.R.S. 34-32.5-116 (4) (i) for failure to protect areas outside of the affected land from slides or damages occurring during the mining operation. Cease and Desist Order: Issue a Cease and Desist Order for all lands affected outside of the approved boundary until all corrective actions required are completed. Corrective Action(s): Submit and receive approval of a conversion application from the Division to increase the permit acreage to encompass the current affected land. The conversion application must be submitted by May 12, 2011 and in an approvable form by August 11, 2011. Civil Penalty: For a violation of C.R.S. 34-32.5-116 (4) (i), a Civil Penalty may be assessed at a rate of $100.00 to $1,000.00 for each day of violation. In this case, there are 61 days of violation (from the date of inspection on December 10, 2010 to the February 9, 2011 Board Meeting). The Division will access a civil penalty of $100.00 per day of violation for 61 days. For a civil penalty amount of $6,100.00 with all but $100.00 suspended if the Operator complies with the corrective action. Payment of the un-suspended portion of the civil penalties is due within 30 days of the signature date of the Board Order. Operator(s) Signature: By signing this, the Operator agrees to the stated violation and will comply with the Cease and Desist Order, Corrective Action(s) and Civil Penalty outlined above on the Staff Summary Form for Consent Agenda Items. Date Notary Public Operator Signature My Commission expires: