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1977 -443, addressing the incorporation of all lands affected by the mining operation <br />into the approved area, and imposed a civil penalty of $36,000 with all but $2,000 <br />suspended if the Operator timely complies with the corrective action. The portion of <br />the civil penalty not suspended was due within 30 days of the effective date of the <br />Order. The Board issued a written order setting forth its findings of fact, conclusions <br />of law and order, effective March 2, 2011 ( "March 2011 Order "). <br />5. Respondent failed to pay the unsuspended portion of the civil penalty <br />within 30 days of March 2, 2011. Respondent paid the unsuspended portion of the <br />civil penalty on April 8, 2011. <br />6. Respondent failed to file an approvable amendment or conversion <br />application addressing the incorporation of all lands affected by the mining operation <br />into the approved area within 180 days of March 2, 2011. The Operator is in <br />violation of the March 2011 Order. <br />7. The Division mailed a Reason to Believe a Violation Exists letter to the <br />Operator on October 7, 2011, informing the Operator of the possible violation for <br />failing to comply with a Board order and providing details regarding the November <br />9, 2011 hearing. <br />8. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2010) ( "Act "). <br />9. Upon the Board's finding that an operator violated or failed to comply <br />with the conditions of an order, permit, or regulation, the Board may issue a cease <br />and desist order against the Operator. C.R.S. § 34- 32.5- 124(2). The Operator has <br />failed to comply with the March 2011 Order. <br />10. A financial warranty shall be subject to forfeiture whenever an operator <br />has failed to complete corrective action. C.R.S. § 34- 32.5- 118(1)(a), C.R.S. The <br />Operator failed to complete the corrective actions set forth in the March 2011 Order. <br />11. Pursuant to section 34- 32.5- 124(7), C.R.S., upon the Board finding that <br />an operator violated or failed to comply with the conditions of an order, permit, or <br />regulation, the Board may impose civil penalties against the Operator of not less <br />than $100 per day and not more than $1,000 per day for each day during which a <br />violation occurs. The Board may impose a civil penalty against the Operator based <br />on 41 days of violation (from the corrective action due date of August 29, 2011 to the <br />October 12, 2011 Board meeting) at $100 to $1,000 per day for a civil penalty of <br />$4,100 to $41,000. <br />Hardrock Sand and Gravel <br />Moon Pit No. 2, M- 1977 -443 <br />MV- 2011 -038 <br />CONCLUSIONS OF LAW <br />2 <br />