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10. Pursuant to section 34-32.5-123(1), C.R.S., the Board may issue a cease <br /> and desist order when it finds that an operator has failed to obtain a valid permit. <br /> 11. The Board may impose a civil penalty of not less than $1,000 per day <br /> or more than $5,000 per day for each day during which a violation occurs. § 34- <br /> 32.5-123(2) (2022). Here, the Board may impose a penalty based on 43 days of <br /> violation at $1,000 to $5,000 per day for a civil penalty of$43,000 to $215,000. <br /> 12. The Board shall also impose a civil penalty in an amount not less than <br /> the costs incurred by the Division in investigating the violation. § 34-32.5-123(4), <br /> C.R.S. (2022). <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-109(1), C.R.S. for engaging in a new <br /> mining operation without first obtaining a reclamation permit. <br /> The Operator shall CEASE AND DESIST any further mining activities at the <br /> site, except those activities approved by the Division, in writing, as necessary to <br /> comply with the conditions of a Board Order, prevent damage to off-site areas, <br /> complete reclamation, or to protect public health and safety, until the corrective <br /> action has been resolved to the satisfaction of the Division. <br /> The Board imposes the following CORRECTIVE ACTION: The Operator <br /> shall, within 30 days of the effective date of the Board's Order, submit a <br /> reclamation permit application to include all the affected lands disturbed by the <br /> mining operation, with all material in approvable form within statutory deadlines. <br /> The Board imposes a CIVIL PENALTY for 43 days of violation at $2,500 per <br /> day, for a total civil penalty of$108,463. The Board also assesses a civil penalty to <br /> cover costs incurred by the Division in investigating the alleged violation at a rate <br /> of$56.64 per hour for 17 hours, for a penalty of$963. <br /> The Board will suspend all but $5,963 of the assessed civil penalty, if the <br /> corrective actions cited above are completed to the satisfaction of the Division <br /> within the required deadlines. <br /> If the Operator does not comply with the corrective actions set forth in this <br /> Order, then the suspended civil penalties, $102,500, shall be due and payable. <br /> Failure to submit any due and unpaid civil penalties shall result in the immediate <br /> submittal of those penalties to collections. <br /> IHC Scott, Inc. <br /> M-2022-051 <br /> MV-2023-002 3 <br />