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M- 2003 -019 <br />Consent Agenda Form <br />September 22, 2011 <br />Page 2 of 3 <br />REASON FOR VIOLATION: <br />The Operator has affected land outside of their approved permit boundary. It is the Operator's <br />responsibility to protect areas outside of the affected land from slides or damages occurring during the <br />mining and reclamation operation in accordance with C.R.S. 34- 32.5 -116 (4) (i). <br />STAFF RECOMMENDATION.: <br />Violation: <br />Find a violation C.R.S. 34- 32.5 -116 (4) (i) for failure to_protect areas outside of the affected _ <br />land from slides or damages occurring during the mining operation. <br />Cease and Desist Order: <br />Issue a Cease and Desist Order for all lands affected outside of the approved boundary until all <br />corrective actions required are completed. <br />Corrective Action(s): <br />1.) Submit and receive approval of a Technical Revision to modify the shape of the permit <br />boundary to encompass the affected land within the approved 9.4 acre permit area. If this option <br />is chosen, the Technical Revision must be submitted by February 9, 2012 with all the materials in <br />an approvable form by April 12, 2012. <br />Or, , <br />2.) Submit and receive approval of a conversion application from the Division to increase the <br />permit acreage to encompass the current affected land. The conversion application must be <br />submitted by February 9, 2012 and in an approvable form by May 10, 2012. <br />Civil Penalty: <br />For a violation of C.R.S. 34- 32.5 -116 (4) (i), a Civil Penalty may be assessed at a rate of $100.00 <br />to $1,000.00 for each day of violation. In this case, there are 48 days of violation [from the <br />signature date of the August 31, 2011 inspection report (September 22, 2011) to the November 9, <br />2011Board Meeting]. <br />The Division will access a civil penalty of $100.00 per day of violation for 48 days, for a civil <br />penalty amount of $4,800.00 with all but $100.00 suspended if the Operator complies with the <br />corrective action. <br />Payment of the un- suspended portion of the civil penalty is due within 30 days of the mailing date <br />of the Board Order. <br />