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(from the December 21,2016 Reason to Believe letter to the January 25, 2017 hearing)at <br /> $1,000 to$5,000 per day for a civil penalty of$35,000 to$175,000. <br /> 17. In addition to the civil penalty authorized by§34-32.5-123(2),the Board is <br /> authorized to impose an additional civil penalty in an amount not less than the amount <br /> necessary to cover costs incurred by the Division in investigating the alleged violation. <br /> §34-32.5-123(4),C.R.S. Here,the Board spent ten hours investigating the alleged <br /> violation at the rate of$56.64 per hour,for a total of$567.00. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law,the Board hereby <br /> finds^High Speed Mining,LLC in violation of section 34-32.5-109(1),C.R.S.for engaging in a <br /> mining operation without first obtaining a reclamation permit <br /> High Speed Mining, LLC shall CEASE AND DESIST any further mining activities on <br /> the affected land,except those activities approved by the Division in writing,necessary to <br /> comply with the conditions of this Order,prevent damage to the off-site areas,or protect <br /> health and safety until such time that the Operator complies with the corrective action <br /> described herein. <br /> The Board imposes against High Speed Mining,LLC the following CORRECTIVE <br /> ACTION: the Operator shall,within sixty days of the effective date of this Order,submit an <br /> application to convert the existing 110c permit to a 112 Hard Rock reclamation permit <br /> The Goard Imposes a CIVIL PENALTY of$35,000.00 pursuant to section 34-32.5- <br /> 123(2),C.R.S.and a CIVIL PENALTY of$567.00 pursuant to section 34-32.5-123(4),C.R.S. <br /> for investigation costs incurred by the Division for a total civil penalty of$35,567.00. All <br /> but$5,567.00 of the total assessed civil penalty is suspended if the Operator complies with <br /> the corrective action in the time specified. The portion of the civil penalty not suspended, <br /> $5,567.00,shall be due and payable within thirty days of the effective date of this Order. <br /> Failure to submit the unsuspended portion of the full civil penalty by the date specified <br /> above shall result in immediate submittal of such unsuspended penalties to State <br /> collections. <br /> DONE AND ORDERED this day of `2017. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Thomas Brubaker,Chair <br /> High Speed Mining,LLC <br /> Katuska Pit/M-1991-037 <br /> MV-2017-001 3 <br />