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B. finds the Operator in violation pursuant to section 34-32.5-124(1), <br />C.R.S. for failing to comply the conditions of a permit. <br />The Operator shall CEASE AND DESIST any further exportation of <br />construction materials from the Schmidt Site, except those activities approved by <br />the Division, in writing, necessary to comply with the conditions of this Order, to <br />prevent damage to off-site areas, or to protect public health and safety. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTIONS. The Operator shall: <br />1. remove the offsite material and reseed the off-site affected areas within <br />thirty (30) days of the effective date of this Order. The Operator shall <br />submit photo documentation of the completed work to the Division no later <br />than forty-five (45) days from the effective date of this Order; <br />2. submit a technical revision with the required fee within sixty (60) days of <br />the effective date of this Order updating the mining and reclamation plans <br />to address the reclamation of the highwalls, construction schedule for the <br />storm water control features, and structure agreements for the power pole <br />and lines located within the permitted area; <br />3. submit an interim financial warranty increase in the mount of $7,736 <br />within thirty (30) days of the effective date of this Order, resulting in a <br />total financial warranty of not less than $15,140. <br />The Board imposes a CIVIL PENALTY for thirty-four (34) days of violation at <br />$200 per day for a total civil penalty of $6,800.00. All but $1,000.00 of the civil <br />penalty is suspended if the Operator complies with the corrective action in the time <br />specified. The portion of the civil penalty not suspended, $1,000, shall be due and <br />payable within thirty (30) days of the effective date of this Order. Failure to comply <br />with the Corrective Actions within the timelines contained herein will result in the <br />suspended portion of the civil penalty, $5,800, becoming effective and due. <br />DONE AND ORDERED this day of2018. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />.1111 Van Noord, Chair <br />Dale and Ellen Schmidt <br />M-2011-014 <br />MV -2018-018 <br />3 <br />