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The Board imposes the following CORRECTIVE ACTION against the Operator: <br />Operator shall: <br />A. obtain legal right to enter and conduct mining and/or reclamation <br />operations on the 2.89 -acre area where the surface is owned by Deborah <br />Hradecky or her successor; and <br />B. demonstrate to the Division his legal right to enter said property in <br />accordance with Rule 6.4.14 within 60 days of the effective date of <br />this amended order; or <br />C. within sixty (60) days of the effective date of this amended order, the <br />Operator shall submit, in accordance with Rule 4.17, a partial <br />acreage reduction request including the 2.89 acres located on <br />Deborah Hradecky's property. The Operator is strongly encouraged <br />to include in the acreage reduction request all lands where the <br />surface is owned by Ms. Hradecky. <br />The Board imposes a CIVIL PENALTY for 37 days of violation at $100 per <br />day for a civil penalty of $3,700 pursuant to section 34-32.5-124(7), C.R.S. All of the <br />civil penalty is suspended if the Operator complies with the corrective action in the <br />time specified. Failure to timely complete the corrective actions shall result in the <br />suspended portion of the civil penalty, $3,700, becoming immediately effective and <br />due. Failure to timely submit due and unpaid civil penalties shall result in <br />immediate submittal of such penalties to State collections. <br />DONE AND ORDERED this X24 - day of <br />Dec •-,— be. - <br />2017. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BO-1RD <br />�� tl <br />Forrest Luke, Chair <br />NOTICE OF APPEAL 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 notice of appeal with the district court within thirty-five (35) days after the <br />effective date of this order, pursuant to section 24-4-106, C.R.S. (2016). In the event <br />that an appeal is filed, designations of record made in accordance with section 24-4- <br />106(6), C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, <br />Denver, CO 80203, Attention: Camie Mojar <br />Kym A. Schure <br />M-1986-074 <br />MV -2017-046 <br />6 <br />