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The Operator shall CEASE AND DESIST any further mining activities, <br />except those activities approved by the Division in writing and necessary to comply <br />with the conditions of a Board order, prevent damage to off-site areas, or to protect <br />human health and safety. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: Operator shall, within sixty days of the effective date of this Order, <br />complete one of the following, at Operator's option: <br />a. post the required $3,436.00 to ensure a total financial warranty <br />of not less than $5,936.00; or <br />b. submit and obtain Division or Board approval of a Technical <br />Revision to revise the mining plan, the reclamation plan, or both, to lower the <br />both the reclamation liability and the additional required financial warranty <br />for the site. Once the Technical Revision is approved by the Division or the <br />Board, Operator shall, within sixty days of approval, post the required <br />financial warranty per the Technical Revision. <br />The Board imposes a CIVIL PENALTY for fifty-four days of violation pursuant <br />to section 34-32-124(7), C.R.S. at $50.00 per day for a total civil penalty of $2,700.00. <br />All of such civil penalty is suspended if Operator timely complies with either of the <br />corrective actions set forth in this Order. If Operator does not timely comply with <br />either of the corrective actions set forth above, then the suspended civil penalty, in <br />the total amount of $2,700.00, shall be due and payable. Failure to submit any due <br />and unpaid civil penalties by the date specified above shall result in immediate <br />submittal of such penalties to State collections. <br />eed <br />DONE AND ORDERED this IlIFY day of ( ilk) 2016. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />/v.zitb-k- <br />Jill H. Van Noord, 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. (2015) and the Colorado <br />Wilbur F. Benham <br />Toltec No. 2/M-1984-039 <br />MV -2016-008 <br />4 <br />