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14. Section 34-32-124(2)(a), C.R.S., states "[i]f the board determines that there <br />exists any violation of any provision of this article or of any notice, permit, or regulation <br />issued or promulgated under authority of this article, the board may issue a cease-and-desist <br />order." The Board determines that a violation under the Act exists. By failing to comply <br />with the Board's August 11, 2010 Order, Cotter is in violation of the Act. Therefore, it is <br />appropriate and within the Board's discretion to issue a Cease and Desist Order. <br />15. Rule 3.3.2 of the Mineral Rules and Regulations of the Mined Land <br />Reclamation Board for Hard Rock, Metal and Designated Mining Operations ("Rules") states <br />in relevant part: <br />3.3.2 Operating with a Permit or Exploring With a Notice of Intent <br />-- Failure to Comply <br />(1) Whenever the Board or Office has a reason to believe that there has <br />occurred a violation of an Order, Permit, Notice of Intent, or regulation <br />issued under the authority of the Act or these Rules, written Notice <br />shall be given to the Operator or Prospector of the possible violation at <br />least thirty (30) days prior to the scheduled Board hearing date <br />(2) Following a determination, by the Office, of reason to believe a <br />violation exists, the Board shall hold a hearing on whether or not there <br />is a violation. <br />(b) At the hearing, if the Board determines that a violation of the <br />provisions of a permit, the Act, or these Rules has occurred, the Board <br />shall assess a Civil Penalty of not less than one hundred dollars <br />($100.00) per day nor more than one thousand dollars ($1,000.00) per <br />day for each day during which such violation occurs; <br />(c) At the hearing, if the Board determines that a violation of the <br />provisions of a permit, a Notice of Intent, the Act, or these Rules has <br />occurred, the Board may issue a Cease and Desist Order. <br />16. Cotter's failure to comply with the Board's August 11, 2010 Order is a <br />violation of its permit, the Act, and the Rules. Here, because the Board has determined that <br />Cotter is in violation of its permit, the Act, and Rules it is appropriate and within the Board's <br />discretion to issue apenalty and a Cease and Desist Order. <br />17. Pursuant to § 34-32-124 (7), C.R.S., "[a]ny person who violates any provision <br />of any permit issued under this article shall be subject to a civil penalty of not less than one <br />hundred dollars per day nor more than one thousand dollars per day for each day during <br />which such violation occurs...." Here, the Board may assess a civil penalty ranging from <br />Cotter Corp. <br />Schwartzwalder Mine 4 <br />M-1977-300 <br />MV-2010-030