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violation occurs. Here, the Board may impose a penalty based on 46 days of violation (from <br />the inspection date of May 26, 2009 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 oil the foregoing findings Qf fact al?d conol>,aslons of law, the Board hereby <br />hinds that the Operator violated § 34-32.5-116(4)(h), C.P.S., for failing to minimize <br />disturbances to the prevailing hydrologic balance of the affected land and the surrounding <br />area during the, mining upmliun. The Board hereby issues a Cease and Desist Order <br />prohibiting, any further activities at the site that would finther damage the prevailing <br />hydrologic balance; the &position of marble fires at the surface is specifically prohibited <br />until the corrective actions are complied with. <br />The 13oard imposes against the Operator the following three corrective actions: <br />(1) The Board orders the Operator to submit an interim bond increase in the <br />amount of $15,000 or if additional investigation determines a different <br />amount, that amount will be submitted within 30 days of the sib <br />date of the Board Order. <br />(2) The Board orders the Operator to provide all materials necessary to <br />allow Division approval of a technical revision of the reclamation permit <br />within 45 days of the signature date of the Board Order addressing a <br />sedimentation control plan, including strwtural desks, constrwtion <br />details, a schedule of compliance and, if necessary, engineer <br />certifications for designs. <br />(3) The Board orders the operator to provide as-built drawings and engineer <br />certifications for structures addressed in Corrective Action number two <br />above, <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 signahut <br />date of the signed Board Order, <br />DONE AND ORDERED this L--today of 2009. <br />FOR THE COLORADO MINED <br />TION BOARD <br />arson, Acting Chair <br />Land Reclamation Board <br />worAdo Stour Quarries. Inc,, <br />Yule Marble Quarry <br />M-1999-058 <br />NV- ;9Q9-Q23 <br />4 <br />cn /TO Mnw-r Iq'>iMVW ggVI TN'gH ZZPZVSVOL6 01:bZ 600Z/E0/60