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The Board finds the Operator in violation of Rule 3.1.12(2) for failure to <br />delineate the boundary of the affected area of the site. <br />The Board finds the Operator in violation of section 34-32-116(7)(d), C.R.S. <br />for failure to dispose of refuse in a manner that will control unsightliness or <br />deleterious effects of such refuse. <br />The Board finds the Operator in violation of section 34- 32-117(4)(c)(II), C.R.S. <br />and Rule 4.2.1(2) for failure to post additional financial warranty within sixty days <br />after notice of adjustment. <br />The Operator shall CEASE AND DESIST all activities at the Mackey Mine <br />site, with the exception of reclamation and environmental maintenance activities, <br />until such time as the Operator complies with the Board ordered corrective actions. <br />The Board imposes the following CORRECTIVE ACTIONS against the <br />Operator: The Operator shall: <br />A. by August 1, 2014, delineate the boundary of the affected area, <br />remove trash and unusable equipment from the site and adequately <br />safeguard the adit to prevent unauthorized entry; and <br />B. within sixty (60) days of the effective date of this Order, submit to the <br />Division $7000 to increase the total financial warranty amount to <br />$8,000. <br />The Board imposes a CIVIL PENALTY of $7,350.00 pursuant to section 34- <br />32-124(7), C.R.S. All but $500 of the civil penalty is suspended if the Operator <br />complies with the corrective action in the time specified. The portion of the civil <br />penalty not suspended, $500, shall be due and payable within thirty (30) days of <br />the effective date of this Order. Failure to submit the unsuspended portion of the <br />full civil penalty by the date specified above shall result in immediate submittal of <br />such unsuspended penalties to State collections. <br />DONE AND ORDERED this XC day of 2014. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Barbara Green, Cha <br />George E. Otten <br />Mackey Mine, M-1984-013 <br />MV- 2014 -001 4 <br />