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b. in violation pursuant to section 34 -32.5 -124, C.R.S. for failing to <br />comply with the reclamation plan for the site and the conditions of <br />permit number M -1984 -094. <br />The Board AFFIRMS the cease and desist order issued by the Division on <br />September 24, 2014. <br />The Board imposes against the Operator the following CORRECTIVE ACTION. <br />The Operator shall, within sixty (60) days of the effective date of this Order: <br />a. submit a Technical Revision to permit number M- 1984 -094 to update <br />and clarify the amount of topsoil which available for salvage at the <br />site; and <br />b. submit a Technical Revision to permit number M- 1984 -094 to update <br />and clarify the Mining Plan as it relates to water handling for the site. <br />The Board imposes a CIVIL PENALTY for fifty -two (52) days of violation at <br />$200 per day for a total civil penalty of $10,400. All but $2,000 of the civil penalty is <br />suspended if the Operator complies with the corrective actions in the time specified. <br />The portion of the civil penalty not suspended, $2,000, shall be due and payable <br />within thirty (30) days of the effective date of this Order. Failure to submit due and <br />unpaid civil penalties by the date specified above shall result in immediate submittal <br />of such penalties to State collections. <br />DONE AND ORDERED this L,7 day of I2014. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />1 H. Van 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 notice of <br />appeal with the district court within thirty (30) days after the effective date of this order, <br />pursuant to section 24 -4 -106, C.R.S. (2014). In the event that an appeal is filed, designations <br />of record made in accordance with section 24- 4- 106(6), C.R.S. should be served on the Board <br />at: 1313 Sherman Street, Room 215, Denver, CO 80203, Attention: Johnie Abad. <br />Sanborn Sand and Gravel, d/b /a Golden Cross Aggregate <br />Gloria Z. Mine, M -1984 -094 <br />MV- 2014 -037 4 <br />