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e_�v1C?j <br />(from the Decenher 21, 2016 Reason to Believe letter to the January 25, 2017 hearing) at <br />$1,000 to $5 0 per day for a civil penalty of $35,000 to $175,000, <br />7..,, In addition to the civil penalty authorized by §34-32.5-123(2), the Board is <br />auth ed 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 Nigh 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 permir. <br />High Speed Mining, LI,C 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 Board 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 --I— day of 2017 <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Thunras Brubaker, Chair - <br />High Speed Mining, LLC <br />Katuska Pit/M-1991-037 <br />MV -2017-001 <br />3 <br />