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<br />C.R.S. 34-32.5-117(4)(b)(I) for failure to maintain sufficient financial warranty to assure the completion of <br />reclamation on the affected land, and C.R.S. 34-32.5-117(4)(c)(II) for failure to submit a financial warranty <br />within 60 days of adjustment. <br />HISTORY OF VIOLATIONS <br />a. Any outstanding corrective actions or unpaid civil penalties? No <br />b. History of any and all past violations and timeliness of corrective actions. No <br />STAFF RECOMMENDATION(S) <br />Violation(s): Find a violation of C.R.S. 34-32.5-117(4)(b)(I) for failure to maintain sufficient financial warranty <br />to assure the completion of reclamation on the affected land, and C.R.S. 34-32.5-117(4)(c)(II) for failure to <br />submit a financial warranty within 60 days of adjustment. <br />Cease and Desist Order: Issue a cease and desist order prohibiting any further activities at the site, with the <br />exception of reclamation activities, until the proper, adequate bond is posted with the Division. <br />Corrective Actions(s): Require the operator to post the appropriate bond within 30 days of the signed Board <br />Order. <br />CIVIL PENALTY <br />1. Require the operator to pay a minimum civil penalty in the amount of $339.84, based of 6 hours of staff <br />time at $56.64/hour. <br />2. A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. s? shall be <br />subject to a civil penalty of not less than $100 per day, nor more than $1,000 per day for each day during <br />which such violation occurs (C.R.S. 34-32.5-124(7)). In this matter, the Board might assess a civil <br />penalty of $3,800.00 to $38,000.00 for 38 days of violation. <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, as well as compliance with the Act and Rules and Regulations.