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15. Section 34-32.5-117(6), C.R.S., states that "[a] financial warranty shall be <br />maintained for the entire life of a permit issued under this article ...." Here, the Operator <br />did not maintain the financial warranty for the entire life of the permit. Therefore, the <br />Operator is in violation of § 34-32.5-117(6), C.R.S. <br />16. Pursuant to § 34-32.5-124(7), C.R.S., a person who violates any provision of a <br />permit is subject to a civil penalty assessment of not less than $100 per day, nor more than <br />$1,000 per day, for each day the violation occurs. Here, the Operator was in violation for 62 <br />days, from the July 16, 2010 bond cancellation date to the September 15, 2010 hearing. <br />Because of this violation, the Board may impose a civil penalty that ranges from $6,200 to <br />$62,000. <br />17. At the hearing, the Division recommended that as a corrective action the <br />Operator shall post an appropriate reclamation bond for existing conditions and that the <br />Operator shall reclaim the site in accordance with the approved reclamation plan. Due to the <br />Operator's recent reclamation activities, the Division recalculated the site's reclamation bond <br />to $8,000. <br />ORDER <br />Based on the foregoing, the Board finds the Operator in violation of § 34-32.5-117(6), <br />C.R.S., for failing to maintain a financial warranty in good standing for the entire life of the <br />permit. The Board assesses a civil penalty for 62 days of violation at $100 per day for a total <br />civil penalty of $6,200. All of the civil penalty is suspended if the Operator posts the $8,000 <br />reclamation bond within 30 days of this Order's signature at <br />DONE AND ORDERED this _1,3 day of 2010. <br />FOR THE COLORADO MINED LAND RECLAMATION-WARD <br /> <br />Chair <br />Mined Land Reclamation <br />High Plains Sand and Gravel LLC, Russell Pit <br />M-1994-096 <br />MV-2010-027