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14. The Board may issue a cease and desist order if it determines that any provision <br />of the Act was violated. § 34- 32- 124(2), C.R.S. (2012). The Operator violated section 34 -32- <br />116.5(3), C.R.S. <br />15. The Board may impose a civil penalty of not less than $50 per day nor more than <br />$200 per day for each day during which a violation occurs. C.R.S. § 34 -32- 124(7) (2012). Here, <br />the Board may impose a penalty based on 47 days of violation (from the November 23, 2012 <br />EPP submittal date to the January 9, 2013 hearing) at $100 to $1,000 per day for a civil penalty <br />of $2,350 to $9,400. <br />The Board imposes a CIVIL PENALTY for 47 days of violation at $100 per day for a <br />total civil penalty of $4,700. All but $500 of the penalty is suspended if the Operator complies <br />with the corrective actions in the time specified. The portion of the civil penalty not suspended, <br />$500, shall be due and payable within thirty (30) days of the effective date of this Order. <br />1 t <br />DONE AND ORDERED this 1 day of J a r+ Lc« -rt( 2013. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds the <br />Operator in violation of section 34- 32- 116.5(3)(a), (b), C.R.S. for failing to timely submit an <br />Environmental Protection Plan for Division approval. <br />The Operator shall CEASE AND DESIST all mining activities at the mine site and all <br />milling activities at the mill site until all corrective actions are completed. <br />The Board imposes against the Operator the following CORRECTIVE ACTION: the <br />Operator shall submit an Environmental Protection Plan for the Hopemore Shaft. The <br />Environmental Protection Plan shall be submitted in a complete form within ninety (90) days of <br />the effective date of this Order. <br />Calais Resources Colorado, Inc. <br />Hopemore Shaft, M- 1990 -057 <br />MV- 2013 -001 <br />FOR THE COLORADO MINED LAND <br />RECLA • !r BO • RD <br />Catherine Kraeg <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected or aggrieved <br />by agency action may commence an action for judicial review by filing a notice of appeal with <br />the district court within thirty (30) days after the effective date of this order, pursuant to section <br />3 <br />