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ORDER <br /> Based on the foregoing findings of fact and conclusions of law,the Board finds the <br /> Operator in violation of sections 34-32.5-116(4)(h) and(i), C.R.S.for failing minimize <br /> disturbance to the prevailing hydrologic balance and failing to protect areas outside of the <br /> affected land from slides or damage occurring during the mining operation,respectively. <br /> The Operator shall CEASE AND DESIST any further mining related activity,with the <br /> exception of any activities approved in writing by the Division necessary to comply with <br /> the conditions of a Board Order,prevent damage to off-site areas, or to protect public <br /> health and safety,until all corrective actions have been resolved to the satisfaction of the <br /> Division and the Board. <br /> The Board imposes against the Operator the following CORRECTIVE ACTION: the <br /> Operator shall submit a conversion application to increase the size of the current 110c <br /> Reclamation Permit to include all the affected lands outside of the approved permit <br /> boundary. The conversion application shall address the re-establishment of the prevailing <br /> hydrologic balance. The Operator shall submit the conversion application within ninety <br /> (90) days of the mailing date of this Order,with all material in an approvable form within <br /> one hundred and eighty (180)days of the mailing date of this Order. <br /> The Board imposes a CIVIL PENALTY for sixty-two (62) days of violation at$500 <br /> per day for a total civil penalty of$31,000. All but$500 of the total civil penalty is <br /> suspended if the Operator complies with the corrective action. The portion of the civil <br /> penalty not suspended, $500,shall be due and payable within thirty days of the effective <br /> date of this Order. If the Operator fails to timely complete the corrective action stated in <br /> this Order,the suspended civil penalty,$30,500,will become due and payable. Failure to <br /> submit any portion,af the civil penalty by the Aates specified-Aemin shall result in <br /> immediate submittal of any unpaid civil penalties to State collections. <br /> DONE AND ORDERED this L c day of 2016. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Thomas Brubaker,Vice Chair <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected or, <br /> aggrieved by agency action may commence an action for judicial review by filing a <br /> complaint with the district court within thirty-five (35) days after the effective date of this <br /> order,pursuant to section 24-4-106,C.R.S. (2016) and the Colorado Rules of Civil <br /> Cheyenne County <br /> Munsch Pit/M-2000-018 3 <br /> MV-2016-052 <br />