2014-09-03_ENFORCEMENT - M2013018

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The Board imposes the following CORRECTIVE ACTION against the Operator: the Operator shall, within ninety (90) days of the effective date of this Order, submit to the Board or Division a conversion application to convert the current reclamation permit to a 112 reclamation permit to increase the permitted area to encompass the entire area of affected land, with all materials in approvable form within one hundred and eighty (180) days of the effective date of this Order. The Board imposes a CIVIL PENALTY for 92 days of violation at $1000 per day for a civil penalty of $92,000 pursuant to section 34 -32.5- 123(2), C.R.S. All but $1000 of the $92,000 civil penalty is suspended if the Operator complies with the corrective action in the time specified. The portion of the civil penalty not suspended, $1000, shall be due and payable within thirty (30) days of the effective date of this Order. Failure to submit the unsuspended portion of the civil penalty by the date specified above shall result in the suspended portion of the civil penalty, $91,000, becoming immediately effective and due. DONE AND ORDERED this 7_rr-( day of peak.' L±-.-- 2014. FOR THE COLORADO MINED LAND RECLAMATION BOARD Forrest Luke, Chair NOTICE OF APPEAL RIGHTS This order becomes effective and final upon mailing. Any party adversely affected or aggrieved by agency action may commence an action for judicial review by filing a notice of appeal with the district court within thirty -five (35) days after the effective date of this order, pursuant to section 24 -4 -106, C.R.S. (2013). In the event that an appeal is filed, designations of record made in accordance with section 24 -4- 106(6), C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, Attention: Sitira Pope. Pine Bluffs Gravel & Excavating, Inc. M -2013 -018 MV- 2014 -024 3