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11. Operators are required to maintain a financial warranty in good standing for <br /> the entire life of a permit. C.R.S. 34-32.5-117(6)(a). Financial warrantors are required to <br /> submit an increase in financial warranty within sixty(60) days. C.R.S. 34-32.5-117(4)(c)(I1). <br /> Operator received written notice of an increase in financial warranty for the site and failed <br /> to submit the increased financial warranty within sixty(60) days of that notice or at any <br /> time since. Operator has-failed to maintain the financial warranty in good standing, in <br /> violation of section 34-32.5-117(6)(a), C.R.S. <br /> 12. By excavating the site to a depth exceeding the depth allowed by the mining <br /> plan for the site, Operator failed to comply with the mining plan. Because the mining plan is <br /> part of permit number M-1981-084, Operator's failure to comply with the mining plan <br /> constitutes its failure to comply with the conditions of a permit. <br /> 13. The Board may issue a cease and desist order if it determines that any <br /> provision of the Act was violated. C.R.S. § 34-32.5-124(2). Operator is in violation of <br /> sections 34-32.5-116(4)(i), -117(6)(a), and -124(1) C.R.S. <br /> 14. The Board may impose a civil penalty of not less than$100 per day nor more <br /> than$1,000 per day for each day during which a violation occurs. C.R.S.§ 34-32.5-124(7). <br /> Here,the Board may impose a penalty based on forty-five (45)days of violation (from the <br /> end of the sixty-day period to post additional financial warranty on August 15, 2016 to the <br /> Board hearing on September 28, 2016) at$100 to $1,000 per day for a civil penalty of <br /> $4,500 to $45,000. <br /> ORDER <br /> Based on the foregoing findings:of fact and conclusions of law,the Board orders as <br /> follows: <br /> The Board finds Dilley's Sand and Gravel in violation of the Act under: <br /> A. section 34-32.5-116(4)(i), C.R.S. for failing to protect areas outside the <br /> affected land from slides or damage occurring during the mining operation <br /> and reclamation; <br /> B. section 34-32.5-117(6)(a), C.R.S.for failing to maintain a financial warranty <br /> in good standing for the entire life of the permit; and <br /> C. section 34-32.5-124(1), C.R.S. for failing to comply with the conditions of a <br /> permit. <br /> Dilley's Sand and Gravel shall CEASE AND DESIST all activities outside the permit <br /> boundary of the Ayers Pit until Operator has resolved all violations set forth in this order to <br /> Dilley's Sand and Gravel <br /> Ayers Pit/ M-1981-0OK <br /> MV-2016-051 3 <br />