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alleged violation. The Division's costs in investigating this matter total $339.84, <br /> based on six hours of staff time at $56.64 per hour. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby: <br /> A. finds the Operator in violation of section 34-32.5-110(1), C.R.S. for <br /> failing to provide information sufficient to determine the location of <br /> affected land and proposed roads or access routes; <br /> B. finds the Operator in violation of section 34-32.5-116(4)(i),C.R.S. for <br /> failing to protect areas outside of the affected land from slides or <br /> damages occurring during the mining and reclamation operation; and <br /> C. finds the Operator in violation pursuant to section 34-32.5-124(1), <br /> C.R.S. for failing to comply the conditions of a permit. <br /> The Operator shall CEASE AND DESIST all activities at the West Gerald <br /> Fitzgerald Pit, with the exception of Division-authorized reclamation and <br /> environmental maintenance activities, until all corrective actions ordered herein <br /> are completed. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTION: the Operator shall, within 180 days of the effective date of this Order, <br /> provide all materials necessary to allow the Board or the Division to issue a <br /> reclamation permit that includes and addresses all areas affected by the construction <br /> materials extraction operation, including the required financial warranty as <br /> calculated by the Division during the permitting processing. <br /> The Board imposes a CIVIL PENALTY for 34 days of violation at $100 per day <br /> for a total civil penalty of$3,400.00. All but $500.00 of the civil penalty is suspended <br /> if the Operator complies with the corrective action in the time specified. In addition, <br /> the Board imposes a CIVIL PENALTY in the amount of$339.84 pursuant to section <br /> 34-32.5-123(4), C.R.S. for investigation costs incurred by the Division. Therefore, the <br /> Board imposes civil penalties in the total amount of$3,739.84, with all but $839.84 of <br /> the total penalty suspended if the Operator complies with the corrective action in the <br /> time specified. The portion of the civil penalty not suspended, $839.84, shall be due <br /> and payable within thirty (30) days of the effective date of this Order. <br /> DONE AND ORDERED this IG day of a- <br /> rr 2011. <br /> K.W. Enterprises, LLC <br /> M-2010-026 <br /> MV-2012-008 3 <br />