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CIVIL PENALTY (C.R.S. 34-32.5-123(2) and (4) MINING WITHOUT A PERMIT <br />1. Require the operator and/or landowner to pay a minimum civil penalty: In the amount of 679.68, based <br />on 12 hours of staff time at $56.64/hour. <br />2. If the Board finds the operation to be an illegal mining operation, the Boazd should also assess the <br />operator and/or landowner a civil penalty of not less than $1,000.00 per day nor more than $5,000.00 <br />per day for each day the land has been affected, not to exceed 365 days. (Dates of violation aze <br />calculated from the date of the Office inspection, or such earlier date where the Office provides the <br />Boazd evidence that the violation occurred at an earlier date. The number of days of violation starts <br />with the Office inspection or earlier date, and may extend to the date of the Board hearing where the <br />Board determines that a violation of the Act, Rules or permit has occurred.) <br />In this case, the Office recommends that the Board could find 36 days of violation at $1,000 to $5,000 <br />per day. <br />3. The total civil penalty of $36,679.68 to $180,679.68 (Nos. 1 & 2) payment of civil penalties are due <br />within thirty (30) days of the date the signed Boazd Order is mailed, unless otherwise specified by the <br />Boazd in the Board Order. Where con•ective actions are not completed by the Board ordered corrective <br />action date stated in the Boazd Order, the suspended civil penalties aze due in full within 30 days of the <br />deadline for board-ordered corrective actions. <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 />