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The Operator shall CEASE AND DESIST any further activities on the <br />affected lands outside the approved permit boundary, with the exception of <br />environmental maintenance, reclamation, or corrective action, until the violation <br />has been resolved to the satisfaction of the Division and the Board. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall submit an application to amend the permit to <br />incorporate into the permit boundary all affected lands outside the current permit <br />boundary. The Operator shall submit the permit amendment application, with all <br />material in an approvable form, to the Division within ninety (90) days of the <br />effective date of this Order. <br />The Board imposes a CIVIL PENALTY for forty-seven (47) days of violation <br />at $1,000 per day for a total civil penalty of $47,000. All but $1,000 of the penalty is <br />suspended if the Operator complies with the corrective action within the time <br />specified. The portion of the civil penalty not suspended, $1,000, shall be due and <br />payable within thirty (30) days of the effective date of this Order. If the Operator <br />fails to timely complete the corrective action stated in this Order, the suspended <br />civil penalty, $46,000, will become due and payable within thirty (30) days of the <br />deadline to complete the corrective action. Failure to submit any portion of the civil <br />penalty by the dates specified herein shall result in immediate submittal of any <br />unpaid civil penalties to State collections. <br />DONE AND ORDERED this day of 2015. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Barbara Green, Vice Chair <br />NOTICE OF JUDICIAL REVIEW RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a complaint 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) and the Colorado <br />Rules of Civil Procedure. In the event that a complaint for judicial review is filed, <br />designations of record made in accordance with section 24-4-106(6), C.R.S. should <br />be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, <br />Attention: Johnie Abad. <br />Tony J. Behramo and Sons, Inc. <br />M-1998-101 <br />NIV-2015-011 <br />3 <br />