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15. Here, the Board finds the Operator in violation of § 34-32.5-117(4)(b)(I) and <br />(6), C.R.S., for failing to maintain a financial warranty in good standing for the entire life of <br />the permit and failure to maintain a sufficient financial warranty to assure the completion of <br />reclamation of affected lands. <br />16. Because of the Operator's violations described above, it is appropriate for the <br />Board to assess a penalty. Here, the Board finds 59 days of violation (based on the <br />December 14, 2009 final extended compliance deadline to the February 10, 2010 first <br />hearing date) at. $1,000 per day, for a total penalty of $59,000, pursuant to § 34-32.5-124(7), <br />C.R.S. <br />17. Pursuant to § 34-32.5-124(2), C.R.S., the Board may also issue a Cease and <br />Desist Order if it determines that any provision of article 32.5 of the Act was violated. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />finds the Operator in violation of § 34-32.5-117(4)(b)(I), for failing to maintain sufficient <br />financial warranty to assure the completion of reclamation of the affected land, and § 34- <br />32.5-117(6), C.R.S., for failing to maintain a financial warranty in good standing for the <br />entire life of the permit. <br />The Board issues a Cease and Desist order prohibiting any further activities at the <br />site, with the exception of reclamation and environmental maintenance activities, until a <br />sufficient reclamation bond has been posted and corrective actions have been implemented <br />and approved by the Division. <br />The Board orders the following alternative corrective actions: the Operator shall post <br />an appropriate reclamation bond for existing site conditions and submit a technical revision <br />to the mining plan to address changes in mining practice and implement appropriate safety <br />measures. Alternatively, the Operator shall reslope the high wall to no greater than a three- <br />to-one (3: 1) slope in accordance with the approved mining plan. The Operator shall properly <br />salvage and maintain all impacted topsoil during resloping activity for use in final <br />reclamation. <br />The Board assesses a civil penalty for 59 days of violation at $1,000.00 per day for a <br />total civil penalty of $59,000.00 with all but $5,000.00 suspended if the Operator complies <br />with this Order and reclaims the property within 30 days or posts the appropriate bond within <br />30 days. The unsuspended portion of the civil penalty, $5,000, shall be submitted to the <br />Division within 30 days of this Order's signature date. <br />Dumb and Dumber Trucking, Barton Pit <br />M-2000-149 <br />MV No: M-2010-013