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ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board determines <br />the Operator has violated § 34-32.5-109(1), C.R.S., by failing to obtain a reclamation permit <br />prior to engaging in a new mining operation. The Operator has also violated Construction <br />Material Rule 4.1(2), by failing to pay the performance and financial warranty of <br />$974,000.00 within one calendar year of the Division's approval of the application for a new <br />permit. <br />The Board Orders the Operator to CEASE AND DESIST any further mining <br />activities at the site until the Division issues the reclamation permit in this matter. <br />The Board assesses against the Operator a civil penalty of $1,000.00 per day for 43 <br />Days for a total of $43,000.00, calculated from the date of the Division's inspection on <br />February 27, 2008 to the Board hearing date of April 9, 2008, plus an additional civil penalty <br />of $1,132.80 to cover the Division's costs in investigating the violation, for a total of <br />$44,132.80, with all but $6,132.80 to be suspended, if the Operator complies with the terms <br />of this Order within 30 days of the date of the Board's Order. The civil penalty shall be due <br />within 30 days of the date of the Board's Order. <br />The Board, having reconsidered the Operator's re-application for permit M-2006-003, <br />and the receipt of the appropriate bond, issues the permit to the Operator in this matter. <br />DONE AND ORDERED this q <br />day of 2008. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />,f? 7?j <br />IRA J. PAULIN, Chair <br />Mined Land Reclamation Board <br />Hall-Irwin Corporation 4 <br />M-2006-003