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16. Pursuant to § 34-32.5-I24 (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. Mere, the Board may impose a penalty based on 46 days of violation (from <br />the inspection date of May 26.2009 to tho August 12, 2009 hearing data) at $100 to $1,000 <br />per clay for a civil penalty of $4,600 to $46,000. <br />ORDER <br />Based on the foregoing findings of fact and cooolusions of law, the Board hereby <br />finds that the Operator violated § 34-32-5-116(4)(.i). C.R.S., for failing to protect 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 any further <br />activities at the site that would further d=age areas outside the affeotod boundaries. <br />Specifically prohibited are the stockpiling of unsold materials outside approved affected <br />areas and activities that contribute to sedimentation discharge frnm ihe 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 Pertnit <br />No. M-1999-058 addressing the incorporation of all lands affected by <br />the mining operation, specifically slurry areas, the containment area, and <br />the loud-out area, into the approved affected area within 180 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 are <br />riot 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. T1re royal 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 r- P 2009. <br />14 <br />FOR THE COLORADO <br />BOARD <br />Colorado Stone Quarries, Inc. <br />Yule M&tlc Quarry <br />M-1999-098 <br />MV-2009-024 <br />C0/E0 39dd 13ANVW 39ViIN3H ZZVZb9b0L6 0T:1VT 600Z/60/60