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with the exception of environmental maintenance, reclamation, or corrective <br /> actions. Finally, the Board issued a $3,600 civil penalty. <br /> 5. Bent County Ready Mix failed to complete the corrective actions as <br /> ordered by the Board. All reclamation liabilities outlined in the November 30, 2015 <br /> Order still exists at the site. <br /> 6. This matter was set for further enforcement action on May 25, 2016, <br /> including possible permit revocation and a finding that the financial warranty is <br /> subject to forfeiture. At that hearing representatives of Bent County were present <br /> and informed the_Board of its interest in transferring and assuming control of the <br /> permit. The matter was continued to allow the Parties sufficient time to complete <br /> the succession of operators application process and discuss possible amendment of <br /> the November 30, 2015 Board Order. <br /> 7. The Division and Bent County have discussed resolution of unabated <br /> violations concerning the unreclaimed condition at this site and Bent County's <br /> desire to bring this site into regulatory compliance. Based on the Parties' <br /> discussions, the Parties hereby agree to the following terms: <br /> Agreement <br /> A. This matter was originally noticed for consideration of permit <br /> revocation and a finding that the financial warranty is subject to forfeiture. The <br /> Division agrees to withdraw its pending request for permit revocation and warranty <br /> forfeiture at this time in order to allow Bent County- sufficient time to bring this site <br /> into compliance. <br /> B. Bent County is the Operator and Permittee of the Thomeczek Pit, File <br /> No. M-1995-007. As such, Bent County has assumed the reclamation responsibility <br /> and liability associated with this site, as outlined in the November 30, 2015 Order <br /> and related Division inspections. The Parties agree to amend the November 30, <br /> 2015 Order as follows to allow time to bring this site into compliance: <br /> C. The Parties agree to amend the Board ordered corrective action <br /> deadline to allow Bent County two (2) years from the effective date of the Board <br /> Order affirming this agreement to complete the final reclamation plan at this site. <br /> D. It is further agreed that,Bent County will conduct only reclamation <br /> activities at this site and confirms there are no plans to reactivate mining <br /> operations at this site. <br /> 2 <br />