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14. The Board may impose a civil penalty of not less than $100 per day nor <br /> more than $1,000 per day for each day during which a violation occurs. § 34-32.5- <br /> 124(7), C.R.S. (2024). Here, the Board may impose a penalty based on 43 days of <br /> violation for a civil penalty of$4,300 to $43,000. <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(6)(a), C.R.S. for failing to <br /> maintain a financial warranty in good standing for the entire life of a permit. <br /> The Operator shall CEASE AND DESIST any further mining activities at <br /> the site, except those activities approved by the Division, in writing, as necessary <br /> to 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 /> actions have been resolved to the satisfaction of the Division. <br /> The Board orders that permit number M-2018-029 is REVOKED. <br /> The Board finds the $3,628.00 financial warranty for permit number M-2018- <br /> 029 to be subject to forfeiture under section 34-32.5-118(1)(b) and (c), C.R.S. for <br /> Operator's failure to cure a default under its performance warranty and for failing <br /> to maintain a financial warranty in good standing for the entire life of a permit. <br /> The Board directs the Division to, in accordance with section 34-32.5-118(2), <br /> C.R.S., notify Operator and all financial warrantors that the financial warranty is <br /> subject to forfeiture and of their right to appear at a Board hearing to consider <br /> whether the financial warranty for the permit should be forfeited, such hearing to <br /> be held at least thirty days after receipt of such notice. <br /> The Board imposes the following CORRECTIVE ACTION: the Operator <br /> shall, within 30 days of the effective date of this Order, submit verification of the <br /> financial warranty. <br /> The Board imposes a CIVIL PENALTY for 43 days of violation at $100 per <br /> day for a total civil penalty of$4,300, with all but $500 of the civil penalty <br /> suspended if the Operator timely completes the corrective action ordered herein to <br /> the Division's satisfaction. Failure to comply with this Order will result in the <br /> remaining civil penalty of$3,800 being due and payable. <br /> DONE AND ORDERED this 18 day of November 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> White Wolf Construction & Landscaping, LLC. <br /> M-2018-029 <br /> MV-2024-020 3 <br />