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§ 34-32-124(7) (2015). Here, the Board may impose a penalty based on forty-four <br />(44) days of violation of the permit (from the December 14, 2015 Reason -to -Believe <br />letter to the January 27, 2016 hearing) at $50 to $200 per day for a civil penalty of <br />$2,200 to $8,800. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby enters the following order: <br />The Board finds Operator in violation pursuant to section 34-32-124, C.R.S. <br />for failure to following the conditions of a permit. <br />The Operator shall CEASE AND DESIST any further activity at the site and <br />processing of ore on the affected land except those activities: (1) approved by the <br />Division, in writing, as necessary to comply with the conditions of this Order; (2) to <br />prevent damage to off-site areas; or (3) to protect public health and safety, until <br />corrective actions have been resolved to the satisfaction of the Division. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall, within ninety (90) days of the effective date of this <br />Order, file with the Division a permit revision addressing the process whereby the <br />tailings impoundment may be recertified as an Environmental Protection Facility, <br />in accordance with the conditions of the permit and the Act and Rules. <br />The Board imposes a CIVIL PENALTY for 44 days of violation at $100 per <br />day for a total civil penalty of $4,400. All but $1,000 of the civil penalty is <br />suspended if the Operator fully complies with the corrective actions in the time <br />specified. The portion of the civil penalty not suspended, $1,000, shall be due and <br />payable within thirty (30) days of the effective date of this Order. If the Operator <br />does not timely comply with the corrective actions set forth in this Order, then the <br />suspended penalties, $3,400, shall be due and payable in full within thirty (30) <br />days of the deadline for corrective actions. Failure to timely submit any due and <br />unpaid civil penalties shall result in immediate submittal of such penalties to <br />State collections. <br />rd <br />DONE AND ORDERED this V day of <br />Venture Resources, Inc. <br />Hukill Gulch Millsite, M-2009-076 <br />MV -2016-007 <br />C/k) 2016. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />1(4/1 <br />J. H. Van Noord, Chair <br />5 <br />