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10. 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 of <br />section 34-32-117(4)(c)(II), C.R.S. and Rule 4.2.1(2). <br />11. The Board may issue a cease and desist order if it determines that <br />any provision of the Act or Rules was violated. § 34-32-124(2), C.R.S. (2018). The <br />Operator is in violation of section 34-32-117(4)(c)(II), C.R.S and Rule 4.2.1(2). <br />12. The Board may impose a civil penalty of not less than $50 per day nor <br />more than $200 per day for each day during which a violation occurs. § 34-32- <br />124(7), C.R.S. (2018). Here, the Board may impose a penalty based on fifty-five (55) <br />days of violation at $50 to $200 per day for a civil penalty of $2,750 to $11,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />Operator in violation of section 34-32-117(4)(c)(II), C.R.S. and Rule 4.2.1(2) for <br />failing to post additional financial warranty within sixty days from the date of the <br />Division's written notice of adjustment. <br />Operator shall CEASE AND DESIST any further mining activities, except <br />those activities approved by the Division in writing, as necessary to comply with the <br />conditions of this Order, prevent damage to off-site areas, or to protect human <br />health and safety, until Operator has completed the corrective actions set forth in <br />this Order to the satisfaction of the Division. <br />The Board imposes against Operator the following CORRECTIVE ACTION: <br />Operator shall, on or before October 1, 2019, submit to the Division $5,632.10 in <br />additional financial warranty. <br />The Board imposes a CIVIL PENALTY for fifty-five days of violation <br />pursuant to section 34-32-124(7), C.R.S. at $50 per day for a civil penalty of $2,750. <br />All of such civil penalty is suspended if Operator timely complies with all the <br />corrective actions set forth in this Order. If Operator does not timely comply with <br />the corrective actions set forth above, then the suspended civil penalty, in the total <br />amount of $2,750, shall be due and payable. Failure to submit any due and unpaid <br />civil penalties by the date specified above shall result in immediate submittal of <br />such penalties to State collections. <br />Lockland, LLC <br />M-2013-026 <br />MV -2018-047 <br />91 <br />