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09/0112009 13:33 9704543541 EATON SHIPPING PAGE 03/03 <br />16. Pursuant to § 34-32.5-124 (7), C.R.S., the Board may impose a civil penalty of <br />not less than $100 per day nor more than $1,000 per day for each day during which the <br />violation occurs. Here, the Board may impose a penalty based on 46 days of violation (from <br />the inspection date of May 26, 2004 to the August 12, 2009 hearing date) at $100 to $1,000 <br />per day for a civil penalty of $4,600 to $46,000. <br />ORDER <br />Based on t1je foregoing findings of fact and conclusions of law, the Board hereby <br />finds that the Operator violated § 34.32.5-116(4)(i), C.R.S., for 'Failing to pro. teet areas <br />outside of the affected land from slides or damage occurring during the mining operation and <br />reclamation. The Board hereby issues a Cease and Desist Order prohibiting anty further <br />activities at the site that would further damage areas outside the affected boundaries. <br />Specifically prohibited are the stockpiling of unsold materials outside approved affected <br />areas and. activities that contribute to sedimentation. discharge from the site. <br />The Board imposes against the Operator the following two corrective actions: <br />(1) The Board orders the Operator to provide all materials necessary to <br />allow Division approval of an amendment to or conversion of Permit <br />No. M-1 999-058 addressing the incorporation of all lands affected by <br />the mining operation, specifically slang areas, the containment area, and <br />the loud-out area, into the approved affected area. within 1, 80 days of the <br />signature date of the Board Order. <br />(2) The Board orders the Operator to provide a plan specific to the slurry <br />areas and the containment acceptable to the Division that addresses <br />reclamation of any off site areas disturbed by mining operation that arc <br />not to be incorporated in to Permit Number M-1999-058, The plan, at a <br />minimum, must include a map of the location, dimensions of the <br />disturbance, and reclamation measures to be implemented. <br />The Board imposes a civil penalty of $100 per day for 46 days for a total penalty of <br />$4,600.00. The total civil penalty shall be due and payable within thirty days of the signature <br />date of the Board Order. <br />DONE AND ORDERED this day of , 2009. <br />FOR THE COLORADO .MINED <br />Colorado Stone Quarries, Inc. <br />Yule Marble Quarry <br />M-1994-058 <br />MV- 2009-024