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The Board hereby AFFIRMS the civil penalty required by the Division in its letter <br /> to the Operator dated April 21, 2017. The Board authorizes the Division to submit of <br /> such civil penalties to State collections. <br /> Operator shall CEASE AND DESIST any further mining activities at the site <br /> except maintenance activities and activities necessary to resolve the violation and <br /> approved by the Division in writing, until Operator has resolved the violation to the <br /> satisfaction of the Division and the Board. <br /> The Board imposes against Operator the following CORRECTIVE ACTION: The <br /> Operator shall,within ten days of the effective date of this Order, submit to the Division <br /> all delinquent annual reports, annual fees, annual maps, and civil penalty. <br /> The Board finds that, in accordance with section 34-32.5-118(i)(b), C.K.S., the <br /> financial warranty for permit number M-2002-052 is subject to forfeiture. In <br /> accordance with section 34-32.5-118(2),C.R.S.,the Board directs the Division to notify <br /> Operator and all financial warrantors that the financial warranty for permit number M- <br /> 2002-052 may be ordered forfeited at a Board hearing to be held at least thirty days <br /> after receipt of such notice. <br /> DONE and ORDERED this 7 _day of 7 _ 2017. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> 2m- <br /> Jin ngletary, Chai <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 <br /> this order, pursuant to section 24-4-io6, C.R.S. (2016) and the Colorado Rules of Civil <br /> Procedure. In the event that a complaint for judicial review is filed, designations of <br /> record made in accordance with section 24-4-106(6), C.R.S. should be served on the <br /> Board at: 1313 Sherman Street, Room 215, Denver, CO 80203,Attention: Camie Mojar <br /> Western Equipment&Truck, Inc. <br /> NI-2002-052 <br /> NIV-2017-008 3 <br />