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11122/2011 13:42 3035456979 <br />CAMERON W TYLER PC PAGE 03 <br />Operator. The Operator has failed to maintain the financial warranty for permit <br />number M -1992 -102. <br />14. Pursuant to section 34- 32.5 - 124(7), C.R.S., upon the Board's finding <br />that an operator violated or failed to comply with the conditions of an order, permit, <br />or 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 based on 51 days of <br />violation (from the September 17, 2011 warranty expiration date to November 7, <br />2011) at to $1,000 per day for a civil penalty of $5,100 to $51,000. <br />16. 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 Board finds that the Operator is in violation of the Act, in accordance with <br />section 34- 32.5- 117(6)(a), C.R.S., for failure to maintain a financial warranty in good <br />standing for the life of a permit and failure to comply with the performance warranty. <br />The Board orders the Operator to CEASE AND DESIST any further activities <br />at the South D -20 Pit except Division - approved reclamation activities or <br />environmental maintenance. <br />In accordance with section 34-32.5-118(1)(c), C.R.S., the Board finds that the <br />financial warranty for the South D -20 Pit is subject to forfeiture. <br />The Board finds that, in accordance with section 34- 32.5- 124(6)(a), C.R.S., <br />permit number M-1992-102 is subject to revocation. <br />The Board imposes against the Operator a CIVIL PENALTY for 51 days of <br />violation at $100 per day for a total civil penalty of $5,100.00. The civil penalty shall <br />be due and payable within thirty (30) days of the effective date of this Order. <br />DONE AND ORDERED this . a� day of NOJe.cry kje.< - 2011. <br />Western Gravel, Inc. <br />South D -20 Pit, M- 1992.102 <br />MV -2011 -038 <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Barbara Green, Cha' <br />3 <br />