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off-site areas, or to protect public health and safety, until the corrective action has <br />been resolved to the satisfaction of the Division. <br />The Board imposes the following CORRECTIVE ACTION against the Operator: <br />the Operator shall file with the Division an amendment application to increase the <br />size of the current 112c reclamation permit to include, at a minimum, the affected <br />lands outside the approved permit boundary and include an updated operational plan <br />for the wash plant and associated facilities. The Operator shall submit the <br />amendment application within ninety (90) days of the effective date of this Order, with <br />all materials in an approvable form within statutory deadlines. <br />The Board imposes a CIVIL PENALTY for forty-one (41) days of violation at <br />$5,000 per day for a civil penalty of $205,000.00. The Board imposes an additional <br />civil penalty for the Division's investigation costs in the amount of $849.60 for a <br />total civil penalty of $205,849.60. All but $10,849.60 of the civil penalty is <br />suspended if the Operator complies with the corrective action in the time specified. <br />The portion of the civil penalty not suspended, $10,849.60, shall be due and payable <br />within thirty (30) days of the effective date of this Order. If the Operator does not <br />timely comply with the corrective actions set forth in this Order, then the <br />suspended penalties, $195,000, shall be due and payable in full within thirty (30) <br />days of the deadline for completion of the corrective action. <br />Failure to timely submit any due and unpaid civil penalties shall result in <br />immediate submittal of such penalties to State collections. <br />DONE AND ORDERED this <br />day of October 2018. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Jill Van Noord, Chair <br />