Laserfiche WebLink
nor more than five thousand dollars per day for each day the land has been affected, not to <br />exceed three hundred sixty-five days. Section 34-32.5-123(4), C.R.S., also allows the Board <br />to impose, in addition to the civil penalty, an additional civil penalty in an amount not less <br />than the amount necessary to cover costs incurred by the Division in investigating the alleged <br />violation. <br />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 first post bond and obtain a <br />reclamation permit prior to engaging in a new mining operation. <br />The Board assesses against the Operator a civil penalty of $1,000.00 per day for 30 <br />days for a total of $30,000.00, calculated from the date of the Division's inspection on May <br />6, 2008 to and including June 4, 2008, the date the financial warranty was posted and <br />accepted by the Division and the permit issued. An additional civil penalty of $1,699.20 is <br />imposed to cover the Division's costs in investigating the violation. The total civil penalty is <br />$31,699.20, with all but $2,699.20 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 />ORDERED this day of August, 2008. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />RA J. PAULIN, Chair <br />Mined Land Reclamation Board <br />Marathon Oil Company <br />M-2007-067