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i ORDER <br /> Based on the foregoing findings of fact and conclusions of law, <br /> the the Operator in violation of section 34-32.5-109(1), C.R.S. for engaging inBaone�,finds <br /> mining operation without first obtaining a reclamation permit. <br /> The Operator shall CEASE AND DESIST any further mining related activity <br /> on lands affected by the activity described in the May 27, 2016, inspection report., <br /> with the exception of any activities approved in writing by the Division to comply <br /> with the conditions of a Board Order, prevent damage to off-site areas, or to protect <br /> public health and safety, until all violations have been resolved to the satisfaction of <br /> the Division and the Board. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTION: the Operator shall obtain a 112c Construction Materials reclamation <br /> permit for the site. The Operator shall submit the permit application within thirty <br /> days of the mailing date of this Order, with all material in an approvable form <br /> within ninety days of the mailing date of this Order. <br /> The Board imposes a CIVIL PENALTY for twenty-seven days of violation at <br /> $1,000 per day, and $906 for the Division's time, for a total civil penalty of$27,906. <br /> All but $10,906 of the total civil penalty is suspended if the Operator complies with <br /> the corrective action. The portion of the civil penalty not suspended, $10,906, shall <br /> be due and Payable within thirty days of the effective date of this Order. If the <br /> Operator fails to timely complete the corrective action stated in this Order, the <br /> suspended civil penalty, $17,000, will become due and payable. Failure to submit <br /> any portion of the civil penalty by the dates specified herein shall result in <br /> immediate submittal of any unpaid civil penalties to State collections. <br /> DONE AND ORDERED this day of � ;l_ <br /> --- __ _ 2016. <br /> FOR THE COLORADO MINED LAND <br /> RECL.AI,IATION BOARD <br /> Forrest Luke, 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 /> Asphalt Specialties Co., Inc. <br /> Chavers Mining Resourcel?4I-2015-030 <br /> MV-2016-034 <br /> 3 <br />