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should not be suspended or revoked and provide an opportunity for a public hearing. <br />The Division may determine that a pattern of violations exists, based on two <br />inspections within a twelve-month period, considering: (a) the number of violations, <br />cited on more than one occasion, of the same or related requirements of the Act, the <br />Rules, or the permit; (b) the number of violations, cited on more than one occasion, <br />of different requirements of the Act, the Rules, or the permit; or (c) the extent to <br />which the cited violations were isolated departures from lawful conduct. Rule <br />5.03.3(2)(a). The Operator violated the same or related requirements of the Act, the <br />Rules and the permit and the Division cited the Operator's violations on more than <br />one occasion. The Operator's violations are not isolated departures from lawful <br />behavior. Instead, the Operator's violations were ongoing, unwarranted, and <br />willful. The Division's issuance of the Show Cause Order to the Operator, based on <br />the Operator's pattern of violations, was proper. <br />26. Under section 34-33-123(8)(a), C.R.S. and Rule 5.04.6(2), the Division <br />shall assess a civil penalty in an amount up to $5,000.00 for each violation of a <br />permit condition or the Act. The Operator violated the permit and the Act; the <br />Division properly assessed civil penalty of $3,000.00 against the Operator. <br />27. Under section 34-33-123(8)(1), C.R.S. and Rule 5.04.6(3), the Division <br />shall assess a civil penalty in an amount up to $750.00 for each day a person fails to <br />correct a violation cited by a notice of violation or cessation order. The Operator <br />violated the permit and the Act. The Division properly assessed civil penalty of <br />$22,500.00 against the Operator for thirty days of violation. <br />28. An operator who violates a permit may be subject to (a) suspension or <br />revocation of the permit, or (b) a fine of up to $10,000, imprisonment of up to one <br />year, or both a fine and imprisonment. § 34-33-123(7), (9), (10), C.R.S. (2012). The <br />Operator violated the permit and the Act. Revocation of the permit is warranted <br />and appropriate. <br />29. If the Board suspends or revokes a permit, the Board must either <br />(a) specify a period for the permittee to complete reclamation or (b) forfeit the <br />performance bond for the operation pursuant to Rule 3.04. Rule 5.03.3(3)(b). The <br />Operator has demonstrated its intent to not complete reclamation. Forfeiture of the <br />bond is warranted and appropriate. <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 />requested action is appropriate. Therefore, based on the foregoing findings of fact <br />and conclusions of law, the Board hereby enters the following order: <br />Bear Coal Company <br />Bear Mine No. 3, C-1981-033 4 <br />