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investigating the alleged violation. Here, the Division spent $1,699.20 in staff time on this <br />matter. <br />16. Finally, pursuant to § 34-32.5-124(7), C.R.S., a person who violates any <br />provision of a permit is subject to a civil penalty of not less than one hundred dollars per day <br />or more than one thousand dollars per day for each day during which such violation occurs. <br />The Board could find at least 529 days of violation at $100 to $1,000 per day for a civil <br />penalty range from $52,000 to $529,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />finds that the Operator violated § 34-32.5-109(1), C.R.S. for failing to obtain a reclamation <br />permit prior to engaging in a new mining operation. Further, the Board finds the Operator in <br />violation of § 34-32.5-124(1), C.R.S., and Construction Rule 3.3.2(1), for failing to comply <br />with the conditions of a Board Order. <br />The Board upholds the Cease and Desist Order issued during the July 12, 2006 Board <br />hearing prohibiting any further mining activities on the unpermitted portions of the site, <br />except for reclamation activities as specified in the approved reclamation plan, until the <br />Operator complies with this Board Order. <br />The Board orders the following corrective actions: <br />1) The Operator shall provide all the materials required to allow Board <br />consideration of the previous approval of Conversion Application No. 1 to <br />Permit M-1984-043 at a hearing to be held in accordance with the notification <br />and comment provisions of Construction Rule 1.6 within 90 days of the <br />signature date of the Board Order. <br />2) The Operator shall post the required 112c conversion financial warranty <br />increase of $36,000 within 60 days of the signed Board Order. <br />The Board orders the Operator to pay a civil penalty of $52,000 plus $1,699.20 based <br />on 30 hours of staff time at $56.64 per hour, for a total civil penalty of $53,699.20 with all <br />but $2,000 suspended if the corrective actions are completed. The unsuspended portion of <br />the civil penalty, $2,000, shall be submitted within 60 days of the signature date of this <br />Board Order. <br />Pelino Inc. <br />Mining Without a Permit and Failure to Comply 4 <br />M-1984-043 <br />MV-2009-032