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Cease and Desist Order: Staff recommends that the Board issue a cease and desist order to the operator to <br />prevent additional un- permitted activities from occurring on the subject area. <br />Corrective Actions(s): Staff recommends that the Board order the operator to apply and receive approval for a <br />110c construction materials limited impact reclamation permit prior to engaging in any additional mining or <br />reclamation activities. <br />CIVIL PENALTY <br />A person who violates any provision of a permit issued under C.R.S. 34- 32.5 -101 et. seq. shall be subject to a <br />civil penalty of not less than $1000 per day, nor more than $5,000 per day for each day during which such <br />violation occurs (C.R.S. 34- 32.5 - 124(7)). In this matter, the Board might assess a civil penalty of $26,000.00 to <br />$130,000.00 for 26 days of violation at $1000.00 to $5,000.00 per day. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective <br />actions, as well as compliance with the Act and Rules and Regulations. <br />The Board may also suspend all or a portion of the civil penalty based on the permittee's efforts to correct the <br />violation(s) prior to the Board hearing. The permittee has completed the following actions as of January 17, <br />2003 in order to correct the listed potential violation(s): <br />The operator submitted a 110c construction materials permit application which was called complete on January <br />27, 2003 and has a decision date of February 26, 2003. <br />:\min\share \violfrm.pcm <br />2 <br />