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29. By violating section 34-32.5-116(4)(q)(I), C.R.S., the Operator is in <br />violation of condition 1 of the permit, which requires the Operator to comply with <br />all applicable requirements of the Act. <br />30. When the Board has reason to believe that a violation of an order, <br />permit, notice of intent, or regulation has occurred, written notice of such alleged <br />violation must be given to the Operator. C.R.S. § 34-32.5-124(1) (2015). The <br />Division has provided adequate notice to the Operator. <br />31. The Board may issue a cease and desist order when it determines that <br />a provision of the Act has been violated. C.R.S. § 34-32.5-124(2) (2015). The <br />Operator violated section 34-32.5-116(4)(q)(I), C.R.S. <br />32. The Board may impose a civil penalty of not less than $100 per day nor <br />more than $1,000 per day for each day during which a violation occurs. C.R.S. § 34- <br />32.5-124(7) (2015). Here, the Board may impose a penalty based on 36 days of <br />violation (from the August 18, 2015 Reason -to -Believe letter to the date of the <br />originally scheduled hearing on September 23, 2015) at $100 to $1,000 per day for a <br />civil penalty of $3,600 to $36,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />finds the Operator in violation pursuant to section 34-32.5-124(1), C.R.S. for <br />failure to comply with the conditions of an order, permit, or regulation. <br />Specifically, the Board finds the Operator in violation of section 34-32.5- <br />116(4)(q)(I), C.R.S. for failing to complete final reclamation of the Thomeczek Pit <br />prior to the expiration of five (5) years after the date the operator advised the <br />Board in an annual report that mining was completed. <br />The Operator shall CEASE AND DESIST any further activity at the site with <br />the exception of environmental maintenance, reclamation, or corrective actions, <br />until violations have been resolved to the satisfaction of the Division and the Board. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall complete reclamation of the site within ninety days <br />of the effective date of this Order. <br />The Board imposes a CIVIL PENALTY for 36 days of violation at $100 per <br />day for a total civil penalty of $3,600. All of the civil penalty amount is suspended if <br />the Operator complies with the corrective action within ninety days. If Operator <br />fails to complete the corrective action ordered herein within ninety days, payment of <br />Bent County Ready Mix <br />Thomeczek Pit, M-1995-007 <br />MV -2015-026 <br />6 <br />