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16. Section 34-32.5-117(4)(c)(II), C.R.S. and Rule 4.2.1(2) require <br /> operators to post additional financial warranty within sixty days from the date of <br /> written notice of adjustment from the Division. The Operator failed to submit <br /> additional financial warranty within sixty days from the date of written notice of <br /> adjustment from the Division. <br /> 17. By failing to post additional financial warranty within sixty days from <br /> the date of the Division's written notice of adjustment, Operator is in violation of <br /> section 34-32.5-117(4)(c)(II), C.R.S. and Rule 4.2.1(2). <br /> 18. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br /> and desist order when it finds that an operator has failed to comply with any <br /> provision of the Act, a permit, or regulation. <br /> 19. The Board may impose a civil penalty of not less than $100 per day or <br /> more than $1,000 per day for each day during which a violation occurs. § 34-32.5- <br /> 124(7), C.R.S. (2023). Here, the Board may impose a penalty based on 138 days of <br /> violation (from the November 3, 2023 due date for the financial warranty increase <br /> to the March 20, 2024 hearing) at $100 to $1,000 per day, for a civil penalty of <br /> $13,800 to $138,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> finds the Operator in violation of section 34-32.5-117(4)(c)(II) and Rule 4.2.1(2) for <br /> failure to post additional financial warranty within 60 days of the date of notice of <br /> adjustment. <br /> Operator shall CEASE AND DESIST any further mining activities at the <br /> site, except those approved by the Division, in writing, as necessary to comply with <br /> the conditions of this Order, prevent damage to offsite areas, or to protect public <br /> health and safety, until corrective actions have been resolved to the satisfaction of <br /> the Division. <br /> The Board imposes the following CORRECTIVE ACTION: O & A Stone, LLC <br /> shall submit an amendment to current financial warranty for the additional amount <br /> of$8,959.00 or submit a new financial warranty reflecting the increase, to a total of <br /> $19,629.00, within 30 days of the effective date of this Order. <br /> The Board imposes a CIVIL PENALTY of$27,600.00 pursuant to section 34- <br /> 32.5-124(7), C.R.S. All but $500 of the total assessed civil penalty is suspended if <br /> the Operator complies with the corrective action in the time specified. The $500.00 <br /> in unsuspended civil penalties is due and payable within 30 days of the effective <br /> date of this Order. <br /> O &A Stone, LLC <br /> M-1994-121/Vasquez Quarry No. 2 <br /> MV-2024-005 3 <br />