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2011 -11 -21 03:00 DRMS 3038328106 » 17145236584 P 3/4 <br />M - 2003 -0 <br />Consent Agenda Fotni <br />November 18, 20 <br />Page 2 of 3 <br />November 02, 2011- -A Conversion Application for ,9 112c Perwit was submitted to the Dis i.sion by the <br />Operator. The Division is reviewitig the application presently. <br />November 7. 201 i —The Division continued this item to the December 2011 Board meeting 41 order to <br />allow tirne to obtain the current, corrected Staff Summary Dorm, <br />REASON FOR VIMj Jj0.N: <br />The Operator has affected land outside oftheir approved permit boundan . it is the Operator's <br />responsibility to protect areas outside of the al7ected iand from slides or damages recurring durirtg the <br />raining and reclamation operation in accordance with C,R 34.3?,j -116 (4) (i ). <br />STAFF REC'C IALENT)IT1OA: <br />Violation: <br />Find a violation of C.R,S. 34 -3-15-116 (4) (i) for failure to Protect areaS outside nftile jafferteti <br />land fioa slides or damages 1.)CeurTing during the mining op' erariun, <br />:ease and Desist Order: <br />Issue a Cerise and Desist Order for all Jana; affected omside of the aplrrovc(l boundary until all <br />corrective actions required are completed. <br />Corrective Action( %), <br />1.) Submit and rs;eeive approval of an Amendment to modih the sh;�Pc of the permit boundary to <br />encompass the affected land within the approved 4.4 acre permit area. if tl} is option is chosen, <br />the ,amendment must be submitted by February 9 2012 with ail the Material in an anpn,vable <br />firm by April 12, 2012. <br />Or. <br />2.) Submit and receive approval of a conversion appli.eatir. >n fi the Division to increase the <br />permit acreage to encompass the current affected land. The conversi,�n appli.4titicx, rnust l ?e <br />submitted by February y_ 2012 and in an appro� able form by May 10, 2012. <br />Civil Penalty: <br />For a violation or C..R.S. 34- -325 - 1 ; 6 (1) 10} a Civil Penalty may be assessed at a rate of $l 00.00 <br />to S 1,000.00 for & -ich day of violation. It this case, there are 48 days of � udation [from the <br />signature dare of the August 31. 20i 1 inspection report CSepternbe 22, ?rt i l) tc the yovesnhi r 9, <br />2011 Board Meeting]. <br />The Division will access a civil penalty of S1 t)(1 00 per day of violation for 48 days, for a civil <br />penalty amount of $4,800.00 with alt but $ 100.00 suspended if the s)peratc.r complies wttn the <br />corrective action. <br />