Laserfiche WebLink
ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds that <br />the Operator or the Contractor have violated Sections 34-32.5-109(1) of the Act by engaging <br />in a new operation without first obtaining a permit. The Board hereby orders the Operator <br />and the Contractor to cease all mining or reclamation operations outside the permitted area <br />until the Operator or the Contractor obtains a new Section 1 lOc approval for the newly <br />disturbed site within 60 days of the date this Order is signed, or, in the alternative, obtains <br />approval of a Section 112 Extraction Permit within 160 days of the date this Order is signed. <br />The Board hereby orders the Operator and the Contractor to pay civil penalties in the amount <br />of $63,132.80 based on $1,000.00 per day calculated from the date of the Division inspection, <br />May 28, 2004, through the date of the Board hearing, July 28, 2004, a total of 62 days, plus <br />costs incurred by the Division in investigating this matter, or $1,132.80. The civil penalties <br />are assessed collectively, meaning that either the Operator or Contractor may pay all or a <br />portion of the required amount as the Operator and Contractor see fit, so long as the entire <br />amount is paid. All but $1,132.80 shall be suspended if the Operator or the Contractor <br />undertake the prescribed corrective actions in a timely manner, as described herein. <br />DATED this 22~Qdayof ~-'E~~I~l~~E/~ ,2004. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />ichael Nelligan, acting Chair fined <br />Land Reclamation Board <br />