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<br />-2- <br />CEASE AND DESIST ORDER Recommended until $45,000.00 bond is posted. Allow <br />the Division to suspend the Cease and Desist Order <br />upon posting and written approval to the operator that <br />the bond is approved by the Division. <br />Corrective Action(s): <br />1) Post $45,000.00 financial warranty by no later than January 26, 1996. <br />2) Direct the Division to notify the operator for possible permit revocation at <br />the March 27-28, 1996 Board meeting. <br /> <br />3) $45,000.00 financial warranty has been posted by this Board meeting. The <br />operator should be directed by the Board to post additional bond by the <br />February 21-22, 1996 Board meeting to bring the total bond amount to <br />$54,200.00 Q complete the Technical Revision that is now in process. <br />CIVIL PENALTY <br />(A civil penalty cannot be issued by the Board against permitted Construction <br />Material Exploration Operations, C.RS. 34-32.5-124(7).) <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 <br />shall be subject to a civil penalty of not less than $100.00 per day nor more than <br />$1000.00 per day for each day during which such violation occurs. <br />If the Board chooses, they may suspend all or a portion of the civil penalty to <br />encourage timely compliance with corrective actions. <br />The Board may also suspend all or a portion of the civil penalty based on the <br />permittee's efforts to correct the violation prior to the Board hearing. The <br />pern»ttee has completed the following actions as of December 12. 1995, in order <br />to correct the violation(s): <br />1) The permittee has posted $15,000.00 of the required financial warranty at <br />this time. <br />C MT74366D.PRM <br />