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14. The DMG testified that Mr. Weaver had maintained an exemplary compliance record until he was unable to further comply. 15. The DMG stated to the Board by memorandum dated January 16, 1996 that assessment of civil penalties, in this case, would not cause additional reclamation. 16. The O.C. No. 2 Mine site was in stable condition, and did not pose any imminent hazards to humans or the environment as of January 24, 1996. 17. The approved reclamation plan within Permit No. C-80-002 is adequate and proper. The reclamation plan was reviewed and upgraded with approval of Technical revision No. 4, approved on October 16, 1995. 18. The $36,000 bond is believed to be adequate fo ensure proper reclamation of the O.C. No. 2 Mine in accordance with all applicable provisions of Permit No. C-80-002, the Colorado Surface Coal Mining Reclamation Act, and the Rules. A detailed bond estimate was calculated by the DMG on December 21, 1995. Conclusions of Law Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-33-123(8)(f), and Rules 5.01.3(2), 5.03.5(4) and 5.04.4(3), and based upon the preceding Findings of Fact, the Board hereby concludes the following: 1. The DMG appropriately issued NOV C-95-025 and CO C-95-028. 2. Pursuant to C.R.S. 34-33-123(8)(f), and Rules 5.01.3(2),5.03.5(4) and 5.04.4, the Board has the authority to hold hearings regarding the facts and civil penalties associated with notices of violation and cessation orders. 3. Pursuant to Rule 5.04.4(2), the Board may consolidate civil penalty hearings with hearings held to address Show Cause Orders. 4. Pursuant to Rule 5.01.3(2)(d), the Board may suspend penalties in appropriate cases. 5. Pursuant to Rule 5.03.7(4), a permittee's inability to comply may be considered as a mitigating circumstance in the assessment of civil penalties.