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Nov 21 11 01:OOp Mary Keyes 303 984 0362 p.3 <br />12. It is appropriate and within the Board's discretion to find a violation <br />pursuant to the Act, issue a cease and desist order, and impose civil penalties <br />against the Operator. <br />ORDER <br />The Operator did not appear in this matter to present any mitigating factors. <br />There is 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 finds the Operator in violation of the Act pursuant to section 34- <br />32.5- 124(1), C.R.S. for failure to comply with a Board. order. <br />The Board REAFFIRMS the cease and desist order set forth in the March <br />2011 Order. <br />The Board finds that the financial warranty for the Moon Pit is subject to <br />forfeiture in accordance with section 34- 32.5- 118(1)(a), C.R.S. <br />The Board directs the Division to schedule a hearing to consider forfeiture of <br />the financial warranty for permit number M -1977 -443. <br />The Board finds that the suspended portion of the CIVIL PENALTY imposed <br />by the March 2011 Order, in the amount of $34,000, is immediately due and payable. <br />The Board imposes against the Operator an additional CIVIL PENALTY for <br />41 days of violation at $100 per day for a total civil penalty of $4,100.00. The civil <br />penalty shall be due and payable within thirty (30) days of the effective date of <br />this Order_ <br />DONE AND ORDERED this Q a day of A)o1/4.A.4/40 2011. <br />Hardrock Sand and Gravel <br />Moon Pit No. 2, M -1977 -443 <br />MV- 2011 -038 <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Barbara Green, Cha' <br />3 <br />