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� X70 x,I <br />Based on the foregoing findings of fact and conclusions of law, the Board finds the <br />Operator in violation of section 34-32.5-109(1), C.R.S. for failure to obtain from the boaTd <br />or office a reclamation permit prior to engaging in a new operation. <br />The Operator shall CEASE AND DESIST any additional disturbances outside of the <br />existing operations footprint until all required corrective actions are completed except <br />those activities, approved by the Division in writing, as necessary to comply with the <br />conditions of this Order, prevent damage to off-site areas, or toprotect public health and <br />safety, until the corrective actions set forth herein have been resolved to the satisfaction of <br />the Division andiffie'Board. <br />The'Board imposes againstthe Operator the following CORRECTIVE ACTION: the <br />Operator shall submit a Conversion Application to modify the permit/affected area to <br />incorporate the entire disturbed area The Operator shall, within one hundred and eighty <br />(180) days of the effective date of this Order, obtain an approved Conversion Application <br />Permit. <br />The Boards imposes a, CIVIL PENALTY for thirty-seven. (37). days of violation at <br />$1,000 per day for a total civil penalty of $37,000. All but $500 of the penalty is suspended <br />If the Operator complies with this Order within the time specified. The portion of the civil <br />penalty not suspended, $500, shall be due and payable within thirty (30) days of the <br />effective date of this Order. If the Operator fails to timely comply with this Order, the <br />suspended civilpenalty, $36,500, will become due and payable within thirty (30) days of <br />the deadline to comply with ,this Order, Failure to submit any portion of the civil penalty by <br />the date specified -herein 9bull mult4n immediate subrnrnittal of any unpaid civil penalties to <br />State collections. <br />DONE AND ORDERED thisday of T 20 <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Thomas Brubaker, Chairman <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 adtiou for judAcial 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. and the Colorado Rules of Civil Procedure. In <br />Wagner Construction, Inc. <br />M-1999-0018 <br />MV -2016.061 <br />