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Staff Recommendation: <br />Violation: <br />Find a violation of C.R.S. 34- 32.5- 109(1) for failure to obtain a Reclamation Permit from the Board or <br />Office prior to engaging in a new 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 />Division authorized reclamation and environmental maintenance activities, until all areas affected by the <br />operation are included in a reclamation permit that has been issued by the Board or Office. <br />Corrective Action(s): <br />Require the operator to: <br />1. Provide all materials necessary to allow Board or Division issuance of a reclamation permit that <br />includes and addresses all areas affected by this construction materials extraction operation, <br />including the required financial warranty as calculated by the Division during the permitting <br />process, within 180 days of the mailing date of the Board Order. <br />2. Submit an interim reclamation bond in the amount of $6,000 (3 acres at $2,000 per acre), in a <br />form acceptable to the Division within 30 days of the mailing date of the signed Board Order. <br />Civil Penalty: <br />For a violation of C.R.S. 34- 32.5 -109 (1) in accordance with C.R.S. 34- 32.5- 123(2) an operator shall be <br />subject to a civil penalty assessment of not less than $1,000 per day nor more than $5,000 per day for each <br />day the land has been affected, not to exceed 365 days. In this case, there are 43 days of violation (from <br />the inspection date of August 2, 2011 to the first available hearing date of September 14, 2011) for a civil <br />penalty range of $43,000 to $215,000. <br />A civil penalty of $1,000.00 per day of violation for 43 days is assessed for a civil penalty amount of <br />$43,000.00. All but $5,000.00 is suspended if the operator complies with the corrective actions. <br />In addition to the civil penalty assessment indicated above, the operator shall pay a minimum civil penalty in <br />the amount of $566.40, based on 10 hours of staff time at $56.64 /hour. <br />Payment of the unsuspended portion of the civil penalties in the amount of $5,566.40 ($5,000 civil penalty <br />plus $566.40 for staff time) is due within 30 days of the signature date of the Board Order. <br />Board approval of this Consent Agenda item will implement this recommendation. <br />Operator(s) Signature: <br />By signing below, the Operator agrees to the stated violation and will comply with the Cease and Desist <br />Order, Corrective Action(s) and Civil Penalties detailed above. <br />Operator Signature <br />Date Notary Public: <br />My Commission expires: <br />Please do not submit Civil Penalty payments until a Board Order is issued regarding this matter. <br />