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05/2612009 13:27 9708341169 HIGHLAND VET CLINIC PAGE 01/01 <br />33. Section 34-32.5-124 (7), C.R.S_, provides for a civil penalty of not less than <br />$100 per day nor more than. $1,000 per day for each day during which the violation occurs. <br />Here, the Board may impose a penalty based on 49 days of violation (from the inspection <br />date of March 25, 2009 to the May 13, 2009 hearing date) at $100 to $1,000 per day for a <br />civil penalty of $4,900 to $49,000. <br />ORDIEA <br />Based on the .foregoing findings of fact and conclusions of law, the Board hereby <br />finds that the Operator violated § 34-32.5-116(4)(h) and (i), C.R.S., for failing to minimize <br />disturbances to the prevailing hydrologic balance of the surrounding area, during and after the <br />mining operation and during reclamation, and for failing to protect areas outside of the <br />affected land from damage occurring during the mining operation and reclamation. <br />The Board imposes against the Operator the following two corrective actions: <br />M. The Board orders the Operator to izrzplemeat corrective actions <br />providing immediate relief to the disturbance of the hydrologic balance <br />with rapid dewatering with a method such as high-volume pumping well <br />or a comparable method in the short-term, with a plan submitted to the <br />Division within 15 days and implemented within. 30 days. The platy <br />must be approved by the Division. <br />(2) The Board orders the Operator to provide a long-term corrective' action <br />for permanent relief to the disturbance of the hydrologic balance, with a <br />plaza submitted to the Division within 60 days of the effective date of the <br />Board Order and implemented within a time frame that is reasonable. <br />The long-term plan must be approved by the Division. <br />The Board imposes a civil penalty of $100 per day for 49 days for a total penalty of <br />$47900.00. All but $500 of the penalty is suspended if the Operator complies with the <br />corrective actions in the times specified. The portion of the civil penalties not suspended, <br />$500, shall be due and payable within thirty days of the mailing date of the signed Board <br />Order. <br />CK_ <br />DONE AND ORDERED this 2-7 day of Q , 2009. <br />FOR THE COLORADO <br />TION BOARD <br />P er n, Acting Chair <br />Land Reclamation Board <br />Asphalt Specialties <br />Speer 1Vlini ng 'Resource Fit 6 <br />M-1983-176