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?q?kc Gds <br /> <br />M U aND <br />1 20:50 FROM:IRA PAULIN 7195376956 TO:DRMS <br />35 <br />R6D <br />APR 08 2011 <br />Division of Reclamation, <br />6. The Operator engaged in a mining operation without first obtaining a Mining and Safety <br />reclamation permit, in violation of section 34-32.5-109(1).. G.R.S. <br />7. Pursuant to section 34-32.5-123(:1), C.R.S., the Board may issue a cease <br />and desist order if it determines that an operator or perm failed to obtain a permit <br />before operating. <br />8. Pursuant to section 34-32.5.123(2), C-R.S., the Board may impose a civil <br />penalty of not less than $1,000 per day nor more than $5,000 per day for each dry <br />during which the violation occurs. The Board may impose a civil penalty against the <br />Operator based on thirty-six_(36) days of violation (from the November 9, 2010 <br />inspection date to the December 15, 2010 hearing). <br />ORDER - <br />Based on the foregoing findings of tact and conclusions of law, the Board <br />hereby finds the Operator in violation (if section 34-32.5-109(1),C.R.S. for failing to <br />obtain a reclamation permit prior to engaging in anew mining operation. <br />The Operator shall CEASE AND DESIST all activities at the Moan Pit No. 2 <br />site, with the exception of activities required to prevent damage to off-bite areas or <br />to protect public health and safety, until aft 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 (130) days of the effective <br />date of this Order, submit all materials necessary to allover the Division to approve an <br />amendment or conversion application to permit number M-1977-443, addressing the <br />incorporation of all lands affected by the mining opera - <br />d- area- <br />ppr <br />The Beard imposes a CIVIL PENALTY for 36 days of violation at 1,000 per <br />day for a total civil penalty-of-$3", Off. A11-but $2,000 of the penzxlty is uS-pFnded if- <br />the Operator complies with the corrective action in the time specified. The portion <br />of-the civil penalty not suspended, $2,000, shah be due-and payable within 30 days <br />f the effective date of this Or <br />DONE AND ORDERED this L_ day of -2011. <br />FOR THE COLORADO MINED I AND <br />RECLAMATION BOARD <br />1..?-cam <br />Ira Paulin, Chai <br />I <br />Hardrock Sand and Gravel