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2008- 023 county staff confirms compliance, then no further county compliance/enforcement action is needed. If, however, the operator or owner fails to take immediate and appropriate corrective action, then county staff shall issue a formal letter of violation, citing the violation along with evidence of the violation, prescribing corrective action, and providing a compliance date. If the operator or owner corrects the violation on or before the compliance date, then the violation shall be considered a "Formal Resolved Violation" If, however, the operator or owner fails to correct the violation on or before the compliance date, then the violation shall be considered a "Formal Unresolved Violation". (c) Progressive Penalty Process 1.. If an operator or owner has a Formal Unresolved Violation or five (5) or more Formal Resolved Violations within a 1 year period, then county staff shall schedule a penalty determination hearing before the Board of County Commissioners. At least 1.0 days prior to the hearing, county staff shall provide written notice of the hearing to the mining operator, mine owner, and owners of immediately adjacent properties. At the hearing, county staff shall present evidence of the violation(s) along with an evaluation of the operator's or owner's responsiveness to take corrective action(s), the severity and degree of the violation(s), and the number of violations. The owner or operator shall be given an opportunity to rebut staff's evidence/evaluation and provide his own evidence/evaluation. 2. Upon hearing the evidence, the Board of County Commissioners shall determine whether or not a penalty shall be imposed. For any given mining project, the Board of County Commissioners is authorized to impose forfeiture of the project's compliance security in an amount not to exceed twenty five thousand dollars ($25,000.00) as a penalty. 3. If, during the life of the project, a penalty determination hearing is held after the Board of County Commissioners has imposed a penalty against the project at a previous penalty determination hearing, then at the "second" hearing the Board of County Commissioners is authorized to impose forfeiture of the entire compliance security with no limit on the amount forfeited as a penalty. 4. If, during the life of the project, a penalty determination hearing is held after the Board of County Commissioners has imposed a penalty against the project at each of two previous penalty determination hearings, then at the "third" hearing the Board of County Commissioners is authorized to terminate the project mining permit, impose forfeiture of compliance security, and impose forfeiture of road maintenance and/or restoration security to cover costs of required maintenance or restoration. 5. At any penalty determination hearing, the Board of County Commissioners is authorized to impose forfeiture of any project security posted for road maintenance to pay for road maintenance costs incurred Double Underline Text: Non Workshop Changes 13o1d Underline: Additions to Ordinance Stri-ke—threitgli4 Deleted Text from Existing Ordinance F:\Community Development\Users \CurDev\ORDINANCE\2008\2008- 934 Excavation(afterl2-l9-08).RTF 22