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Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of: (a) section 34- 32.5- 116(1), C.R.S. for <br />failing to follow the approved reclamation plan; and (b) section 34- 32.5- 116(4)(i) for <br />failing to protect areas outside the permit boundary from slides or damage. <br />The Board imposes the following CORRECTIVE ACTION against the <br />Operator: Brannan Sand and Gravel Company, LLC shall, within sixty (60) days of <br />the effective date of this Order, submit in an approvable form to the Division a <br />permit amendment application that incorporates: <br />a. all structures that support mining activities at the site and support <br />the post- mining land use related to the violation; and <br />b. all lands that were disturbed during construction of the pump house, the <br />adjacent inlet and outlet structure, and the pipeline. <br />The Board imposes a CIVIL PENALTY against the Operator for 41 days of <br />violation at $500 per day for a civil penalty of $20,500 pursuant to section 34 -32.5- <br />123(2), C.R.S. All but $2,050 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, $2,050, 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 />civil penalty, $2,050, by the date specified in this Order shall result in submittal of <br />the civil penalties, both suspended and unsuspended, to State collections. <br />DONE AND ORDERED this 0 day of 0WQ241C 2014. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />r <br />WWII <br />1 Noord, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected or <br />aggrieved by agency action may commence an action for judicial review by filing a <br />notice of appeal with the district court within thirty -five (35) days after the effective <br />date of this order, pursuant to section 24 -4 -106, C.R.S. (2014). In the event that an <br />appeal is filed, designations of record made in accordance with section 24- 4- 106(6), <br />Brannan Sand and Gravel Company, LLC <br />Pit 29, M- 1980 -183 <br />MV- 2014 -036 <br />