2016-07-06_ENFORCEMENT - M1977094

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AC4The Board imposes against the Operator the follpwing CORREC' IVE ION: Operator slihall submit a complete permit a endment applical ion to increase the size of the current 112c reclamation permit to include, at a minimum_. the affected lands outside of the approved permit boundary, within 90 days of the effective date of this Order. The Board imposes a CIVIL PENALTY for 64 days of violation at $100 per day for a total civil penalty of$6,400. All but $500 of the civil penalty is suspended if the Operator complies with the corrective action within the time specified. The portion of the civil penalty not suspended — $500— shall be due and payable within 30 days of the effective date of this Order. Failure to timely- complete the corrective action set forth above shall result in the suspended civil penalty— $5,900 — becoming due and payable in full. Failure to submit the unsuspended portion of the civil penalty by the date specified above shall result in immediate submittal of any unpaid civil penalties to State collections. DONE AND ORDERED this day of 1':(� 2016. FOR THE COLORADO MINED LAND RECLAMATION BOARD Forrest Luke, Chair NOTICE OF JUDICIAL REVIEW RIGHTS This order becomes effective and final upon mailing. Any party- adversely affected or aggrieved by agency action may commence an action for judicial review by filing a complaint with the district court within thirty-five (35) days after the effective date of this order, pursuant to section 24-4-106, C.R.S. (2015) and the Colorado Rules of Civil Procedure. In the event that a complaint for judicial review is filed, designations of record made in accordance with section 24-4-106(6), C.R.S. should be served on the Board at: 1313 Sherman Street. Room 215. Denver, CO 80203, Attention: Johnie Abad. Morgan Sand and Gravel, Inc. Westhoff Pit/M-197 i-094 MV-2016-033 1