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Violation (from the date of the October 24, 2017 Division letter to the date of the <br />December 13, 2017 Board meeting) at $100 to $1,000 per day for a civil penalty of <br />$5,000 to $50,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />orders as follows: <br />The Board finds Eastern Colorado Aggregate L.L.L.P. in violation of the Act: <br />A. under section 3432.5-116(4)(i), C.R.S. for failing to protect areas <br />outside the affected land from slides or damage occurring during the <br />mining operation and reclamation: and <br />B. pursuant to section 34-32.5-124(1), C.R.S, for failing to comply with the <br />conditions of a permit. <br />Eastern Colorado Aggregate L.L.L.P. shall CEASE AND DESIST all activities <br />at the site, except for environmental maintenance, reclamation, or corrective actions, <br />unless the specific activity is necessary to comply with the conditions of this order, <br />prevent damage to off-site areas, or to protect public health and safety and is <br />approved by the Division in writing, until Operator has resolved all violations set <br />forth in this order to the satisfaction of the Division and the Board. <br />The Board imposes the following CORRECTAT ACTIONS against Operator. <br />A. Eastern Colorado Aggregate L.L.L.P. shall, within ninety (90) days of <br />the mailing date of this Order, submit to the Division a complete <br />amendment application to increase the size of the current 112c permit <br />to include, at a minimum, all affected lands outside of the existing <br />approved permit boundary. <br />The Board imposes a CIVIL PENALTY of $100 per day for fifty (50) days of <br />violation for a total civil penalty of $5,000 pursuant to section 34-32.5-124(7), <br />C.R.S. All but $2,500 of the total civil penalty is suspended if Operator complies <br />with the corrective actions in the time specified. The portion of the civil penalty <br />that is not suspended. $2,500, shall be due and payable within thirty (30) days of <br />the effective date of this Order. In the event that Operator fails to complete the <br />corrective actions by the deadlines set forth herein, the suspended portion of the <br />civil penalty, $2,500, is due in full within thirty (30) days of the corrective actions <br />deadline. Failure to submit any portion of the civil penalty that is due and <br />Eastern Colorado Aggregates L.L.L.P. <br />Potts Pitt #21 M-2006-013 <br />W-2017-062 <br />3 <br />