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penalty of not less than $100 per day nor more than $1,000 per day for each day <br /> during which the violation occurs. The Operator is in violation of the Act, in default <br /> under its performance warranty, and in violation of the terms of Permit No. M- <br /> 2011-029. <br /> ORDER <br /> Operator did not appear in this matter to present any mitigating factors. <br /> There is no information before the Board indicating that any action other than the <br /> requested action is appropriate. Therefore, based on the foregoing findings of fact <br /> and conclusions of law, the Board hereby enters the following order: <br /> The Board hereby finds Operator in violation of section 34-32-116(3) and (4), <br /> C.R.S. <br /> The Board hereby REVOKES permit number M-2011.029 in accordance with <br /> section 34-32-124(6), C.R.S. <br /> Operator shall CEASE AND DESIST any further mining activities at the <br /> site. <br /> The Board imposes a CIVIL PENALTY for 56 days of violation at $100 per <br /> day, for a total civil penalty of$5,600. Payment of the civil penalty shall be due and <br /> payable within 30 days of the effective date of this order. Failure to timely submit <br /> any due and unpaid civil penalties shall result in immediate submittal of such <br /> penalties to State collections. <br /> The Board finds that, in accordance with section 34-32-118(1)(b), C.R.S., the <br /> financial warranty for permit number M-2011-029 is subject to forfeiture. In <br /> accordance with section 34.32-118(2), C.R.S., the Board directs the Division to <br /> notify Operator and all financial warrantors, if any, that the financial warranty for <br /> permit number M-2011-029 may be ordered forfeited at a Board hearing to be held <br /> at least thirty days after receipt of such notice. <br /> DONE AND ORDERED this 19th day of December, 2019. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jo n Singletary, C it <br /> Jubilee Venture, Inc. <br /> M-2011-029 <br /> MV-2019-034 3 <br />