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on 34 days of violation of section 34-32.5-109(1), C.R.S. at$1,000 to $5,000 per day for <br /> a civil penalty of$34,000 to $170,000. <br /> 14. The Board shall also assess a civil penalty for the Division's costs for <br /> investigating the alleged violations. § 34-32.5-123(4), C.R.S. (2018). The Board may <br /> impose an additional civil penalty for 20 hours of investigation time at $56.64 per <br /> hour for a total of$1,132.80. <br /> ORDER <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 activities on <br /> the affected lands, except those activities approved by the Division, in writing, <br /> necessary to comply with the condition of this Order, prevent damage to off site <br /> areas, or to protect health and safety. <br /> The Board imposes the following CORRECTIVE ACTIONS against the <br /> Operator: <br /> 1. The Operator shall, within thirty days of the effective date of this Order, <br /> submit to the Division a permit application to obtain a 110 permit. <br /> 2. Within ten days of the effective date of this Order, the Operator shall <br /> submit to the Division an appropriately executed interim financial <br /> warranty totaling $7,500.00, as necessary to address the existing <br /> reclamation liability. As part of the review process of the 110c permit <br /> application, the Division shall adjust the amount of financial warranty <br /> according to the conditions approved in the reclamation plan. <br /> The Board imposes a CIVIL PENALTY for 34 days of violation at $1,000 per <br /> day for a civil penalty of$34,000. The Board imposes an additional civil penalty for <br /> the Division's investigation costs in the amount of$1,132.80 for a total civil penalty <br /> of$35,132.80. All but $1,000 of the civil penalty and the $1,132.80 representing <br /> staff time is suspended if the Operator complies with the corrective action in the <br /> time specified. The portion of the civil penalty not suspended, $2,132.80, shall be <br /> due and payable within thirty days of the effective date of this Order. Failure to <br /> submit the unsuspended portion of the civil penalty by the date specified above <br /> shall result in immediate submittal of such penalties to State collections. <br /> Rocky Mountain Aggregate & Construction, LLC <br /> M-2019-033 <br /> MV-201-020 3 <br />