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Operator. The Operator has failed to maintain the financial warranty for permit <br />number M-1992-162. <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, perroit, <br />or regulation, the Board may impose civil penalties against the Operator of not less <br />than $100 per day in 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 (front the September 17 2011 warranty expiration date to November 7, <br />2011) at$160 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 />Barbara Green, OW' <br />The Board finds that the Operator is in violation of the Act, in accordance with <br />section 34-82,6-117(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-p.5418(1)(c), C.R.S., the Board finds that the <br />financial warranty for the South D-20Pit 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-1992462 is subject to revocation. <br />The Board imposes against the Operator a CIVIL PENALTY for 51 days of <br />violation at $1,00 per day for a total civil penalty of $5,100.00. The civil penalty shall <br />be due and payable within thirty (30) (lairs at the effective date of this Order. <br />DONE AND ORDERED this day of / v m <br />sNevy‘loe-C <br />FOR TIIE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Western preyel, Inc. <br />South p-211 Pit, NI-1892-102 <br />MV-2 3 <br />