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3. The total civil pena~of 5 76.333 - 380.333 (Nos. 1 & ~is due 3 days from the date of <br />the signed Board Order. <br />CIVIL PENALTY (C. R.S. 34-32.5-123(2) and 14-) EXPLORING WITH O T A PERMIT (To be <br />completed by the staffl <br />4. If the Board finds the operation to be an illegal Construction Material Exp oration Operation, the <br />Board should also assess the operator and/or landowner a civil penalty o not less than 550.00 <br />per day nor more than 5200.00 per day for each day the land has been ffected, no to exceed <br />60 days. <br />In this case the Office recommends that the Board find <br />days of violation at S NIA per day. <br />5. The total civil penalty of $ N/A (Nos. 1 & 4) is due 30 da <br />signed Board Order. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliai <br />actions, and compliance with the Act and Rules and Regulations. <br />BOARD SECTION - TO BE COMPLETED BY THE BOARD <br />VIOLATION -FINDINGS OF FACT (To be completed by the Board) <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation <br />C.R.S. 34-32.5-123, the Board hereby makes the following findings of fact at th <br />Regularly scheduled Board meeting: <br />1. Southway Construction Comfy. Inc. (Operator) is conducting an unoei <br />following location: Section, Township~Q North/South, Range <br />from the date of the <br />with the corrective <br />by <br />19~$ <br />operation in the <br />est,SLVI_I P.M. <br />2. Southway Construction Comoanv. Inc. (Operator) has not obtained a r~ermit/NOI for such <br />unDermitted mining operations as required by C.R.S. 34-32.5-1 1 ~ sgq. <br />3. The Division of Minerals and Geology presented evidence at the For al Public Hearing on <br />January 28-29.1998 demonstrating that (Cite Staff violation, cres affected, illegal <br />activity conducted.): <br />Southway Construction Company, Inc. is possibly in violation of S ction 34-32.5-109(1) <br />of the Colorado Land Reclamation Act for the Extraction of Con truction Materials for <br />conducting unpermitted mining operations outside the approve Del Norte Pit permit <br />boundary, Permit No. M-84-026. <br />Disturbance of approximately 4.7 acres for material stockpiles, ahd gravel excavation. <br />3 <br />