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additional financial warranty within sixty days from the date of written notice of <br /> adjustment from the Division. <br /> 13. By failing to post additional financial warranty within sixty (60) days <br /> from the date of the Division's written notice of adjustment, Operator is in violation <br /> of section 34-32.5-117(4)(c)(II), C.R.S. and Rule 4.2.1(2). <br /> 14. The Board may issue a cease and desist order if it determines that <br /> any provision of the Act was violated. C.R.S. § 34-32.5-124(2) (2016). Operator is <br /> in violation of section 34-32.5-117(4)(b)(I) and (c)(II), C.R.S. <br /> 15. 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) (2016). Here, the Board may impose a penalty based on sixty-four days <br /> of violation at $100 to $1,000 per day for a civil penalty of$6,400 to $64,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> Operator in violation of section 34-32.5-117(4)(b)(I), C.R.S. for failing to maintain <br /> the financial warranty at a level which reflects the actual current cost of fulfilling <br /> the requirements of the reclamation plan and in violation of section 34-32.5- <br /> 117(4)(c)(II), C.R.S. for failing to post additional financial warranty within sixty <br /> days from the date of the Division's written notice of adjustment. <br /> Operator shall CEASE AND DESIST any further mining activities within the <br /> approved affected land boundary, except environmental maintenance, reclamation, <br /> or corrective actions, until Operator has resolved the violation to the satisfaction of <br /> the Division and the Board. <br /> The Board imposes against Operator the following CORRECTIVE ACTION: <br /> The Operator shall, within fifteen days of the effective date of this Order, submit to <br /> the Division $11,170 in additional financial warranty. <br /> The Board imposes a CIVIL PENALTY for sixty-four days of violation <br /> pursuant to section 34-32.5-124(7), C.R.S. at $100 per day for a civil penalty of <br /> $6,400. All of such civil penalty except $500 is suspended if Operator timely <br /> complies with all the corrective actions set forth in this Order. The portion of the <br /> civil penalty not suspended, $500, shall be due and payable within thirty days of the <br /> effective date of this Order. If Operator does not timely comply with the corrective <br /> actions set forth above, then the suspended civil penalty, in the total amount of <br /> $6,700, shall be due and payable. Failure to submit any due and unpaid civil <br /> Phillips Stone Company, Inc. <br /> M-1981-075 <br /> MV-2017-043 3 <br />