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ORDER <br /> Based on the foregoing findings of fact and conclusions of law,the Board hereby finds <br /> the Operator in violation of section 34-32.5-109(1),C.R.S. for failing to obtain a reclamation <br /> permit prior to engaging in a new mining operation. <br /> The Board imposes against the Operator the following CORRECTIVE ACTION: <br /> A. the Operator shall secure a reclamation permit for the affected lands <br /> within 180 days of the effective date of this Order; and <br /> B. the Operator shall post an interim reclamation bond in an amount not less than <br /> $9,300.69,within 30 days of the effective date of this Order. <br /> The Board imposes a CIVIL PENALTY for 45 days of violation at $1,000 per day for a <br /> civil penalty of$45,000. All but $1,000 of the civil penalty is suspended if the Operator <br /> complies with the corrective action in the time specified. In addition, the Board imposes a <br /> CIVIL PENALTY in the amount of$2,265.60 pursuant to section 34-32.5-123(4). C.R.S. for <br /> investigation costs incurred by the Division. The portion of the civil penalty not suspended, <br /> $1,000,together with the civil penalty for Division investigation costs, $2,265.60, in the total <br /> amount of$3,265.60, shall be due and payable within thirty (30) days of the effective date of this <br /> Order. <br /> The Operator shall CEASE AND DESIST all mining related activities at the Sanford School <br /> Pit until a reclamation permit for the site has been issued by the Board or the Division. <br /> bi‘ (-1DONE AND ORDERED this /7 day of tie C&1i4 kw 2012. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD I <br /> J. . :.,:,,,i <br /> X --- <br /> (e <br /> atherine Krae{er-Rove , Chair -.—7 <br /> NOTICE OF APPEAL RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected or aggrieved <br /> by agency action may commence an action for judicial review by filing a notice of appeal with <br /> the district court within thirty(30) days after the effective date of this order, pursuant to section <br /> 24-4-106, C.R.S. (2012). In the event that an appeal is filed, designations of record made in <br /> accordance with section 24-4-106(6), C.R.S. should be served on the Board at: 1313 Sherman <br /> Street, Room 215, Denver, CO 80203, Attention: Sitira Pope. <br /> Cooley & Sons Excavating, Inc. <br /> M-2012-044 <br /> MV-2012-034 3 <br />