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A. Clearly mark the one hundred foot (100) setback distance from <br />Boulder Creek within the permit boundary; <br />B. Backfill all excavations within the one hundred foot (100) <br />setback distance from Boulder Creek and restore the area within that one <br />hundred foot (100') setback distance to the original grade; <br />C. Replace topsoil and finish grade the area within the one <br />hundred foot (100') setback distance and reseed that area with the approved <br />seed mix as specified in the approved reclamation plan; and <br />D. Replace all large trees that were removed within the one <br />hundred foot (100) setback distance with appropriate tree species on a 3:1 <br />basis as recommended in the Colorado Division of Wildlife comment letter to <br />Amendment 1 to the permit, dated August 7, 2005. <br />The Board imposes a CIVIL PENALTY for 71 days of violation at $100 per day <br />for a total civil penalty of $7,100. All but $1,000 of the penalty is suspended if the <br />Operator complies with the corrective action in the time specified. The portion of the <br />civil penalty not suspended ($1,000) shall be due and payable within thirty (30) days <br />of the effective date of this Order. Failure to timely complete the corrective action set <br />forth in above shall result in the suspended civil penalty ($6,100) becoming due and <br />payable in full. Failure to submit the unsuspended portion of the civil penalty <br />($1,000) by the date specified above shall result in immediate submittal of any <br />unpaid civil penalties to State collections. <br />DONE AND ORDERED this t day of 2015. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Thomas E. Brubal,�er, Chair <br />NOTICE OF JUDICIAL REVIEW 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 />complaint with the district court within thirty-five (35) days after the effective date of <br />this order, pursuant to section 24-4-106, C.R.S. (2014) and the Colorado Rules of Civil <br />Procedure. In the event that a complaint for judicial review is filed, designations of <br />record made in accordance with section 24-4-106(6), C.R.S. should be served on the <br />Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, Attention: Johne Abad. <br />Asphalt Specialties Co., Inc. <br />M-2004-009 <br />MV -2015-004 3 <br />