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14. The Board may impose a civil penalty of not less than$50.00 per day or <br /> more than$200.00 per day for each day during which a violation occurs. §34-32- <br /> 123(3), C.R.S. (2021). Here, the Board may impose a penalty based on 70 days of <br /> violation (from the December 9, 2021 inspection to the February 16, 2022 hearing) at <br /> $50.00 to$200.00 per day for a civil penalty of$3,500.00 to$14,000.00. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator In violation of section 34-32-109(2), C.R.S.for engaging in a new mining <br /> operation without first obtaining a reclamation permit. <br /> The Operator shall CEASE AND DESIST any further mining activities at the site, <br /> except those activities, approved by the Division in writing, as necessary to comply with <br /> the conditions of this order, prevent damage to off-site areas, or to protect public health <br /> and safety, until the corrective actions set forth herein have been resolved to the <br /> satisfaction of the Division and the Board. <br /> The Board imposes against the Operator the following CORRECTIVE ACTION: <br /> the Operator shall,within 30 days of the effective date of this order, submit a new i 10d <br /> permit application to incorporate all affected lands, with all material in an approvable <br /> form within statutory timeframes. <br /> The Board imposes a CIVIL PENALTY for 70 days of violation at$50.00 per day <br /> for a total civil penalty of$3,500.00. All but$500 of the penalty is suspended if the <br /> Operator complies with the corrective action within the time specified. The portion of <br /> the civil penalty not suspended, $500, shall be due and payable within 30 days of the <br /> effective date of this Order. If the Operator fails to timely complete the corrective action <br /> stated in this Order, the suspended civil penalty, $3,000, will become due and payable <br /> within 30 days of the deadline to complete the corrective action. <br /> DONE AND ORDERED this l9 day of—4zg=- 2022. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jo Singletary, Chair <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected or <br /> aggrieved by agency action may commence an action for judicial review by filing a <br /> Jack D.Tabb, LLC <br /> M-2021-068 <br /> MV-2022-004 <br /> 3 <br />