Laserfiche WebLink
4 <br />CIVIL PENALTY (C.R.S. 34- 32.5- 123(2) and (4) MINING WITHOUT A PERMIT <br />1. Require the operator and/or landowner to pay a minimum civil penalty: <br />In the amount of $ 566.40, based on 10 hours of staff time at $56.64/hour. <br />2. If the Board finds the operation to be an illegal mining operation, the Board should also assess <br />the operator and/or landowner a civil penalty of not less than $1,000.00 per day nor more than <br />$5,000.00 per day for each day the land has been affected, not to exceed 365 days. (Dates of <br />violation are calculated from the date of the Office inspection, or such earlier date where the <br />Office provides the Board evidence that the violation occurred at an earlier date. The number of <br />days of violation starts with the Office inspection or earlier date, and may extend to the date of <br />the Board hearing where the Board determines that a violation of the Act, Rules or permit has <br />occurred.) <br />In this case, the Office recommends that the Board could find 41 <br />days of violation at $ 1,000.00 to $5,000.00 per day for a total civil <br />penalty of between $41,566.40 and $205,566.40. <br />3. The total civil penalty of $ 41,566.40 to $205,566.40 is due within thirty (30) days of the date <br />the signed Board Order is mailed, unless otherwise specified by the Board in the Board Order. <br />Where corrective actions are not completed by the Board ordered corrective action date stated in <br />the Board Order, the suspended civil penalties are due in full within 30 days of the deadline for <br />board- ordered corrective actions. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective <br />actions, and compliance with the Act and Rules and Regulations. <br />M:\min\share \Board Forms 2005 \Violation Form Unpermitted Construction Materials and Exploration.doc <br />3 <br />