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M- 2013 -014 <br />Consent Agenda Form <br />March 14, 2013 <br />Page 2 of 2 <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 for this site by May 10, <br />2013. <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 report <br />(March 1, 2013) to the April 17, 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 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. If payment of the unsuspended civil penalty is not made within the allotted time, or the <br />corrective action is not completed by the corrective action date, the full amount of the civil penalty will <br />become due immediately, and the Operator may face further enforcement for failure to comply with a <br />signed Board Order. <br />Operator(s) Signature: <br />By signing this, the Operator agrees to the stated violation and will comply with the Corrective <br />Action(s) and Civil Penalty outlined above on the Staff Summary Form for Consent Agenda <br />Items. <br />Operator Signature <br />Date Notary Public <br />My Commission expires: <br />