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~j <br />CIVIL PENALTY (C.R.S. 34-32.5-123(2) and (4) NIINING WITHOUT A PERMIT <br />1. Require the operator and/or landowner to pay a minimum civil penalty: <br />In the amount of $ 227.58 ,based on 6 hours of staff time at $37.93/hour. <br />2. If the Board finds [he operation to bean illegal mining operation, the Board should also asses <br />the operator and/or landowner a civil penalty of not less than $1,000.00 per day nor more than <br />$5,000.00 per day for each day the land has been affected, not [o exceed 365 days. <br />In this case, the Office recommends that the Board could find 37 <br />days of violation at $ 1,000.00 per day. <br />3. The total civil penalty of $ 37,227.58 (Nos. l & 2) is due 30 days from the date of the <br />signed Board Order. <br />CIVIL PENALTY (C.R.S. 34-32.5-123(3) and (4)) EXPLORING WITH OUT A PERNIIT <br />4. If the Board Finds the operation to be an illegal exploration operation, the Board should also <br />assess the operator and/or landowner a civil penalty. The Civil penalty shall not be less than <br />$50.00 per day, nor more than $200.00 per day for each day the land has been affected, not to <br />exceed 60 days. <br />In this case the Office recommends that the Board find <br />days of violation at $ per day. <br />The total civil penalty of $ (Nos. 1 & 4) is due 30 days from the date of the signed <br />Board Order. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective <br />actions, and compliance with the Act and Rules and Regulations. <br />The Division makes no recommendation in this regard. <br />M:\mi n~share\viol trtn. upc <br />