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FEB-23-2011 09:18 FROM:IRA PAULIN 7195376956 TO:DRMS P.3/5 <br />15. Under section 34-32.5-11.8(1)(b) and (o), C.R.S., the financial warranty <br />for the Olathe Pit is subject to forfeiture because the Operator failed to maintain a <br />financial warranty in good standing for the entire life of the permit. <br />16. Section 34-32.5-1.24(7), C.R.S. provides for a. civil penalty of not, less <br />than $100 per day nor more than $1,000 per day for each day during which a <br />violation occurs. The Board may impose a penalty based on 28 days of violation at <br />$1.00 to $1,000 per day for a cavil penalty of $2,800 to $28,000. <br />ORDER, <br />The Operator dicl not appear in this matter to present any mitigating factors. <br />There it; no information before the Board indicating that any action other than the <br />relief requested is appropriate. Therefore, the Board enters the following order: <br />The Board finclfi that the Operator is in violation of the Act, in accordance <br />with section 34,-32,5-117(6), C.R.S., for failure to maintain a financial warranty in <br />good standing for the lift, of a permit and failure to comply with the. performance <br />Warranty. <br />The Board. orders the Operator to CEASE AND DESIST any :further <br />activities at the Olathe Pit. <br />The Board orders permit number M-1984-108 revoked. <br />:In accordance with section 34-32.5-118(1.)(x), C.R.S., the Board finds that the <br />financial warranty for the Olathe Pit is subject to forfeiture and directs the Division <br />to schedule a hearing for forfeiture of the financial warranty during the March. <br />9-10, 2011 Board meeting. <br />The Board, imposes against the Operator a CIVIL PENAJ..,TY for 28 days of <br />violation (from the January 1.3, 2011 warranty expiration date to the February 9, <br />201.1 hearing) at $100 per day for a total. civil penalty of $2,800.00. The civil penalty <br />shall be due and payable within thirty (30) days of the effective date of this Order. <br />DONE AND ORDERED this Z3-- day o£_? _ -.2011. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Ira J. Paulin, & air <br />Western. {:.navel, Inc. <br />Olathe Pi.t, M-1.984.103 <br />MV-20.11-007