2011-11-22_ENFORCEMENT - M2003019 (2)

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eJ1I-11 -el US:UU URMS 5U563i'2j1Ub » M- 2003 -019 Consent Agenda Form November 18, 201 i Page 2 of 3 November 02, 2011. -A Conversion Application fora 112c Permit was submitted to the Division by the Operator. The Division is reviewing the application presently. November 7. 2011—The Division continued this item to the December 2011 Board meeting in order to allow time to obtain the current, Corrected Staff' Summary Form, REASON FOR VIOLATION: The Operator has affected land outside of their approved permit boundary. it is the Operator's responsibility to protect areas outside of the affected land from slides or damages occurring during the mining and reclamation operation io accordance with C.R.S. 34 -32,5 -116 (4) (i) STAFF RECOMMENDATION: Violation: 1(19Z56:,id4 P 5/4 Find a violation of C.R.S. 34-32.5.-116 (4) (i) for failure to protect areas outside of the affected land from slides or damages occurring during the mining operation. Cease and Desist Order: Issue a Cease and Desist Order for all lands affected outside of the approved boundary until all corrective actions required are completed Corrective Action(s): 1.) Submit and receive approval of an Amendment TO modify the shape oI'the permit boundary to encompass the affected land w ithin the approved 9.4 acre permit area. If this option is chosen, the Amendment muss be submitted by February 9, 2012 with all the materials in an anprcivable thrtn by April 12. 2012, 2.) Submit and rc;ti.eive approval of a vonversion application from the DIA ision to Increase the permit acreage to encompass the current affected land The conversion application must he submitted by February 9, 2012 and in an approvable form by May 10, 2012. Civil Penalty: Or, For a violation ot'C.R.S. 14 -32 3 -1 ; h (4 (i). a Civil Penalt, may be assessed at a rate of $100.00 to 51,000,00 fur each day ofvto:ation. in this case, there are 48 days of ■ iolation [from the signature date of the August 31. 2011 inspection report t September 22 20111 tc the November 9, 201 lBoard Meeting ]. The Division will access a civil penalty of $10 00 per clay of violation thr 48 days;, for a civil penalty amount of $4,800.00 with all but 100,00 suspended it the Operator complies with the corrective action,