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Mr. Barnard <br />Page 2 <br />December 20, 2010 <br />November 29th, 2010 - The Division mailed the inspection report to the Operator. <br />December 6th, 2010 - The Division mailed the Operator a Notice of Possible Violation for failure <br />to protect areas outside of the affected land from slides or damage occurring during the mining <br />operation and reclamation. <br />REASON FOR VIOLATION. <br />The Operator has affected approximately 1.0 acre outside of the approved permit boundary. It is <br />the Operator's responsibility to protect areas outside of the affected land from slide or damages <br />occurring during the mining and reclamation operation in accordance with C.R.S. 34-32.5-116 (4) <br />(i). <br />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 affected <br />land from slides or damages occurring during the mining 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 the public health and safety until the <br />Operator complies with the Board Order. <br />Corrective Action(s): <br />Require the Operator to submit an Amendment Application to modify the permit/affected area to <br />incorporate the entire disturbed area. The Operator shall submit an Amendment Application <br />within 60 days, with all material in an approvable form within 90 days of the signature date of the <br />Board Order. <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 $100.00 <br />to $1,000.00 for each day of violation. In this case, there are 58 days of violation (from the date <br />of Inspection on November 16th, 2010 to the January 12th, 2011 Board Meeting). <br />The Division will assess a civil penalty of $100.00 per day of violation for 58 days. Fora civil <br />penalty amount of $5,800.00 with all but $1,000.00 suspended if the Operator complies with the <br />corrective action. <br />Payment of the un-suspended portion ($1,000) of the civil penalties is due within 30 days of the <br />signature date of the Board Order.