2019-07-26_ENFORCEMENT - M1978208

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days of violation (from the date of the Reason to Believe a Violation Exists notice to the Board's June 26, 2019 hearing). ORDER Based on the foregoing findings of fact and conclusions of law, the Board finds the Operator in violation of section 34-32.5-124, C.R.S. for failing to comply with the conditions of the permit. The Operator shall CEASE AND DESIST any further mining on the highwall, with the exception of activities necessary to protect the environment and public safety and authorized by the Division in writing, until the violation has been resolved to the satisfaction of the Board. The Board ORDERS the following corrective action:, the Operator will submit a 110c to 112c conversion application to the Division to, at minimum, expand the permit area sufficiently to allow the highwall to be modified to conform to the existing permit requirements. The Conversion application shall be filed complete-for review no later than 90 days from the effective date of this order and approvable within the required statutory timeframe. The Board imposes a CIVIL PENALTY for 41 days of violation at $100 per day for a total civil penalty of$4,100. All but $2,500 of the penalty is suspended if the Operator complies with the corrective actions within the time specified. The portion of the civil penalty not suspended, $2,500, shall be due and payable within thirty days of the effective date of this Order. If the Operator does not comply with the corrective actions set forth in this Order, the suspended civil penalty, $1,600, will become due and payable. Failure to submit any due and unpaid civil penalties shall result in immediate submittal of such penalties to State collections. DONE AND ORDERED this I,0-1 k day of \" li 2019. FOR THE COLORADO MINED LAND RECLAMATION BOARD Forrest Luke, Chair Elk Creek Sand and Gravel, LLC M-1978-208 MV-2019-015 4