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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 affected land from <br />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 until all corrective <br />actions required are completed. <br />Corrective Action(s): <br />Require the Operator to complete one of the following corrective actions within the specified time period <br />for each option: <br />A.) Submit and receive approval from the Division of a conversion application to increase the permit <br />acreage to encompass the current affected land. If this option is chosen, the conversion application <br />must be submitted by May 12, 2011 and in an approvable form by August 11, 2011. <br />B.) Reclaim the land affected outside of the permit boundary. The stockpiles located outside of the permit <br />boundary shall be placed inside the permit boundary. Addition reclamation of the land outside the <br />permit boundary shall be conducted in accordance with the current approved reclamation plan for the <br />MSF/Feister Pit # 1 (M-2006-010). If this option is chosen, reclamation must commence by May 12, <br />2011 and all steps to complete reclamation must be completed by August 11, 2011. <br />C.) Transfer the permit to a different operator. The successor operator will then be required to complete <br />either option A or option B described above under the purview of the Division. If this option is <br />chosen, M S Forest, LLC. must submit and receive approval of an appropriate permit transfer <br />application. The application must be submitted by May 12, 2011 and in an approvable from by August <br />11, 2010. <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 to <br />$1,000.00 for each day of violation. In this case, there are 62 days of violation (from the date of inspection <br />on December 9, 2010 to the February 9, 2011Board Meeting). <br />The Division will access a civil penalty of $100.00 per day of violation for 62 days. For a civil penalty <br />amount of $6,200.00 with all but $100.00 suspended if the Operator complies with the corrective action. <br />Payment of the un-suspended portion of the civil penalties is due within 30 days of the signature date of the <br />Board Order. <br />Operator(s) Signature: <br />By signing this, the Operator agrees to the stated violation and will c ly with the Corrective Action(s) <br />and Civil Penalty lined above on the Staff Summary Form for ons Ag da Items. <br />Operator Signa ????uiiiNo ublic <br />`???E CARIB ??ommissionexpires: 6.-Ilk_B.oR <br />,olAR Y <br />cJ'? •• ' <L <br />9 <br />OF CO?0`???^40 <br />'fnnn?inin??`? d? <br />y%mis <br />sion EE%Oes