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MAR-01-2011 20:50 FROM:IRA PAULIN 7195376956 TO:DRMS P.3,3 <br />6_ The Operator engaged in a mining operation without first obtaining a <br />reclamation permit, in violation of section 34-32.5-109(1), C.R.S. <br />7. Pursuant to section 34-32.5-123(1), C.R.S., the Board. inay issue a (:ease <br />and desist order if it determines that an operator or person failed to obtain. a pernllt <br />before operating. <br />8. Pursuant to section 34-32.5.123(2), C_R.S., the Board. may impose aa. civil <br />penalty of not less than. $1,000 per day nor more than $5,000 per day for each (lay <br />during; which the violation occurs. The Board yna.y impose a civil. penalty against the <br />Operator bused on thirty-six (36) days of violation (from the November 9, 2010 <br />inspection date to the December 1.5, 2010 hearing). <br />ORDER <br />Breed on t:he foregoing findings of fact and, conclusions of law, the Board <br />hereby finds the Operator in. violation of section 34-32.5-109(1),C.R.S. for failing to <br />obtain a reclamation permit prior to engaging; in a new mining ng operation. <br />The Operator shall CEASE AND DESIST all activities at the Moon Pit No. 2 <br />site, with the exception of activities required to prevent damage: to off-si.t:e areas or <br />to protect public health and safety, until all. areas affected by the operation are <br />included in a. reclamation permit. <br />The Board imposes the following CORRECTIVE ACTION against the <br />Operator: the Operator shall, within. one hundred eighty (180) days of the effective <br />data of this Order, submit all materials necessary to allow the l 1vision tc> approvo an <br />amendment or conversion application to permit number M-1 977-443, addressing the <br />incorporation of all lands affected by the mining operation into the approved area. <br />The Board imposes a CIVIL PENAIA'Y for 36 days of violation at $1,000 per <br />day for a total civil penalty of $36,000. Al.l, but $2,000 of the penalty is suspended if <br />the Operator complies with the corrective action in the time specified. The portion <br />of the civil penalty not; suspended, $2,000, shall. be due and payable within 30 days <br />of the effective date of this Order. <br />DONE AND ORDERED this L- day of 2011. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Ira Paulin, Chai. <br />Hardrock Sand and Gravel <br />M-1977-143 ` <br />M ? <br />V-2010-035 `?