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M- 2012 -048 <br />Consent Agenda Form <br />February 5, 2013 <br />Page 2 of 3 <br />their property. The representative further explained that Kit Carson County Road and Bridge had also <br />removed material from the site. <br />February 5, 2013 - A Reason to Believe letter and the Division's January 24, 2013 inspection report were <br />sent to Kit Carson County Road and Bridge. <br />REASON FOR VIOLATION: <br />The Operator failed to first obtain a reclamation permit from the Mined Land Reclamation Board before <br />engaging in a new mining operation as required by as required by C.R.S. 34- 32.5 - 109(1). <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34- 32.5- 109(1) for failure to first obtain a reclamation permit from the Mined <br />Land Reclamation Board before engaging in a new mining operation. <br />Corrective Action(s): <br />Corrective action is to submit to DRMS an application for a reclamation permit, with all materials in <br />approvable form by March 31, 2013. (The operator submitted a reclamation permit application on <br />November 16, 2012, as of February 5, 2013, the application was in review.) <br />Civil Penalty: <br />For a violation of C.R.S. 34- 32.5 - 109(1), a Civil Penalty may be assessed at a rate of $1,000.00 to <br />$5,000.00 for each day of violation. In this case, there are 48 days of violation from date of the <br />inspection (January 24, 2013) to the March 13, 2013 Board Meeting. <br />The Board will assess a civil penalty of $1000.00 per day of violation for 48 days, for a civil penalty <br />amount of $48,000.00 with all but $500.00 suspended if the Operator complies with the corrective <br />action. <br />Payment of the un- suspended portion of the civil penalty is due within 30 days of the mailing date of the <br />Board Order. <br />