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ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of section 34-32.5-109(1),C.R.S. for failing to <br />obtain a reclamation permit prior to engaging in a new mining operation. <br />The Operator shall CEASE AND DESIST any further activities on the <br />affected lands, except those activities approved by the Division, in writing, <br />necessary to comply with the condition of this Order, prevent damage to off-site <br />areas, or to protect health and safety. <br />The Board imposes the following CORRECTIVE ACTION against the <br />Operator: the Operator shall, within ninety (90) days of the effective date of this <br />Order, file a complete permit application for either a 110c, 111b, or 112c permit, as <br />appropriate, and obtain approval of the application within statutory deadlines. <br />The Board imposes a CIVIL PENALTY for 40 days of violation at $1,000 per <br />day for a civil penalty of $40,000. The Board imposes an additional civil penalty for <br />the Division's investigation costs in the amount of $339.84 for a total civil penalty of <br />$40,339.84. All but $839.84 of the $40,339.84 civil penalty is suspended if the <br />Operator complies with the corrective action to the Division's satisfaction within the <br />required deadline. The portion of the civil penalty not suspended, $839.84, shall be <br />due and payable within thirty (30) days of the effective date of this Order. Failure <br />to submit the unsuspended portion of the civil penalty by the date specified above <br />shall result in immediate submittal of such penalties to State collections. <br />DONE AND ORDERED this f ' day of J 2018 <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BO D <br />Forrest Luke, Vice -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. (2018). In the event <br />White Wolf Construction & Landscaping, LLC <br />M-2018-029 <br />MV -2018-029 <br />