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Colorado Moss Rock <br />Consent Agenda Item <br />August 12, 2011 <br />Page 12 <br />REASON FOR VIOLATION: <br />The Operator is conducting a mining operation prior to obtaining a valid reclamation permit. This is a <br />possible violation as this time in accordance with C.R.S. 34- 32.5 -109 (1) for failure to obtain from the <br />Board or Office a reclamation permit prior to engaging in a new mining operation. <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34- 32.5 -109 (1) for failure to obtain from the board or office a <br />reclamation permit prior to engaging in a new mining operation. <br />Cease and Desist Order: <br />Issue a Cease and Desist Order prohibiting any further activities at the site, with the exception of <br />reclamation and environmental maintenance activities, until all areas affected by the operation are <br />included in a reclamation permit. <br />Corrective Action(s): <br />Require the Operator to provide all materials necessary to secure a reclamation permit for all <br />areas affected by December 13, 2011 with all materials in an approvable form by February 13, <br />2012. <br />Civil Penalty: <br />For a violation of C.R.S. 34- 32.5 -109 (1) , a Civil Penalty may be assessed at a rate of $1000.00 <br />to $5,000.00 for each day of violation (C.R.S. 34- 32.5 -123 (2)). In this case, there are 50 days of <br />violation (from the date of inspection on July 26, 2011 to the September 14, 2011 Board <br />Meeting). <br />The Division will access a civil penalty of $1000.00 per day of violation for 50 days. For a civil <br />penalty amount of $50,000.00 with all but $1000.00 suspended if the Operator complies with the <br />corrective action. <br />In addition, the Board shall also assess a civil penalty in an amount necessary to cover costs <br />incurred by the DRMS in investigating the violation. <br />In this case and in addition to the range assessment indicated above, the Board shall <br />require the operator to pay a minimum civil penalty in the amount of $509.76, based on 9 <br />hours of staff time at $56.64 /hour. <br />The total un- suspended penalty of $1,509.76 ($1,000 for violation + $509.76 for staff time) <br />Payment of the un- suspended portion of the civil penalties is due within 30 days of the signature <br />date of the Board Order. <br />