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ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds John Raftopoulos in violation of section 34-32.5-109(1), C.R.S. for <br />engaging in a mining operation without first obtaining a reclamation permit. <br />John Raftopoulos shall CEASE AND DESIST any excavation activities at <br />the Vermillion Creek Borrow Area, with the exception of reclamation and <br />environmental maintenance activities approved by the Division in writing, <br />necessary to comply with the conditions of this Order, prevent damage to the off- <br />site areas, or protect health and safety until such time that Mr. Raftopoulos <br />complies with the corrective action described herein. <br />The Board imposes against John Raftopoulos the following CORRECTIVE <br />ACTION: John Raftopoulos shall, within ninety (90) days of the effective date of <br />this Order, obtain an approved "reclamation only" permit for reclamation of all <br />areas affected by this construction materials extraction operation. The approved <br />reclamation plan must address state requirements and address and incorporate <br />federal requirements either at the time of the application or through a revision <br />within thirty (30) days of federal approvals. <br />The Board imposes a CIVIL PENALTY of $49,000 pursuant to section 34- <br />32.5-123(2), C.R.S. and a CIVIL PENALTY of $1,699.20 pursuant to section 34- <br />32.5-123(4), C.R.S. for investigation costs incurred by the Division for a total <br />civil penalty of $50,699.20. All but $2,699.20 of the total assessed civil penalty <br />is suspended if John Raftopoulos complies with the corrective action in the time <br />specified. The portion of the civil penalty not suspended, $2,699.20, shall be due <br />and payable within thirty (30) days of the effective date of this Order. Failure <br />to submit the unsuspended portion of the full civil penalty by the date specified <br />above shall result in immediate submittal of such unsuspended penalties to <br />State collections. <br />DONE AND ORDERED this tt&OL day of A Minn 2015. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Barbara Green, Vice -Chair <br />John Raftopoulos <br />Vermillion Creek Borrow Area/M-2015-027 <br />MV -2015-016 4 <br />