2012-12-06_ENFORCEMENT - M1984094

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Consent Agenda Form Page 12 December 6, 2012 November 2" 2012 — The Operator submitted a Technical Revision to the Division. The Technical Revision was accompanied by a revised Mining Plan Map which showed that approximately 1.49 acres of land had been disturbed outside of the permit boundary. November 29 2012 — The Division sent the Operator a Notice of Possible Violation for failure to protect areas outside of the affected land from slides or damage occurring during the mining operation and reclamation. REASON FOR VIOLATION: The Operator has affected approximately 1.49 acres outside of the approved permit boundary. It is the Operator's responsibility to protect areas outside of the affected land from slide or damages occurring during the mining and reclamation operation in accordance with C.R.S. 34- 32.5 -116 (4) (i). STAFF RECOMMENDATION: Violation: 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 permit boundary until all required corrective actions are completed. Corrective Action(s): Require the Operator to submit an Amendment Application to modify the permit/affected area to incorporate the entire disturbed area. The Operator shall submit an Amendment Application within 30 days of the mailing date of the Board Order, with all material in an approvable form within 120 days of the mailing date of the Board Order, unless this date is extended by the Division Staff. Civil Penalty: 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 to $1,000.00 for each day of violation. In this case, there are 39 days of violation (from the date of notification of a possible violation on November 29"', 2012 to the January 9 2013 Board Meeting). The Division will assess a civil penalty of $100.00 per day of violation for 39 days. For a civil penalty amount of $3,900.00 with all but $500.00 suspended if the Operator complies with the corrective action. Payment of the un- suspended portion ($500) of the civil penalties is due within 30 days of the mailing date of the Board Order.