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day during which the violation occurs. The Board may impose a civil penalty <br />against the Operator based on thirty-three (33) days of violation for a civil penalty <br />of $33,000 to $165,000. <br />11. Section 34-32.5-123(4) requires the Board to impose an additional civil <br />penalty in an amount not less than the amount incurred by the Division in <br />investigating the violation. Here, the Board shall impose an additional civil penalty <br />of $162.92 based on 3 hours of staff time at $56.64 per hour. <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of section 34-32.5-109(1), C.R.S. for failing to <br />obtain a reclamation permit prior to engaging in a new mining operation. <br />The Operator shall CEASE AND DESIST any further mining activity at the <br />one -acre area located south of the western pit excavation, which includes an area <br />stripped in advance of mining and two roads, except those activities approved by the <br />Division, in writing, as necessary to comply with the conditions of this Order, <br />prevent damage to off-site areas, or to protect public health and safety, until the <br />corrective action has been resolved to the satisfaction of the Division. <br />The Board imposes the following CORRECTIVE ACTION against the <br />Operator: the Operator shall file with the Division an amendment application to <br />increase the size of the current 112c reclamation permit to include, at a minimum, <br />the affected lands outside the approved permit boundary. The Operator shall <br />submit the amendment application within ninety (90) days of the effective date of <br />this Order. <br />The Board imposes a CIVIL PENALTY for thirty-three (33) days of violation <br />at $1,000 per day for a civil penalty of $33,000. The Board imposes an additional <br />civil penalty for the Division's investigation costs in the amount of $169.92 for a <br />total civil penalty of $33,169.92. All but $1,169.92 of the $33,169.92 civil penalty is <br />suspended if the Operator complies with the corrective action to the Division's <br />satisfaction within the required deadline. Failure to complete the corrective action <br />within the time provided in this Order shall result in the suspended civil penalty <br />($32,000) becoming effective and due within 30 days of the deadline for the <br />corrective action. The portion of the civil penalty not suspended ($1,169.92) shall be <br />due and payable within 30 days of the effective date of this Order. Failure to <br />submit any portion of the civil penalty by the date specified above shall result in <br />submittal of such civil penalty to state collections. <br />DONE AND ORDERED this day of. _ _ _.. 2018. <br />McAtee Construction Company <br />M-1976-056 <br />MV -2018-014 <br />3 <br />