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Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of sections 34-32.5-116(4)(h), -116(4)(1), -121, and 124, C.R.S., <br /> for failure to minimize disturbances to the prevailing hydrologic balance of the affected <br /> land and of the surrounding area as well as to the quality and quantity of water in <br /> surface and groundwater systems; failure to protect areas outside affected land from <br /> slides or damage occurring during mining or reclamation; failure to notify the Division of <br /> the failure of any impoundment, embankment, or slope that poses a reasonable <br /> potential for danger to any person or property; and for failure to follow the conditions of <br /> a permit or regulation. <br /> Operator shall CEASE AND DESIST any further mining activities, except those <br /> approved in writing by the Division as necessary to comply with the conditions of a <br /> Board Order, prevent damage to off-site areas, complete reclamation, or to protect <br /> public health and safety, until corrective actions have been resolved to the satisfaction <br /> of the Division. This Cease and Desist Order shall not apply to the southeast pit, which <br /> is used to supply road base materials to Teller County. <br /> The Board imposes against the Operator the following CORRECTIVE ACTION: <br /> The Operator shall submit to the Division a permit amendment application to increase <br /> the size of the current 112c Reclamation Permit to include the affected lands outside the <br /> approved permit boundary. The Operator shall submit the amendment application <br /> within 90 days of the effective date of this Order, with all material in an approvable form <br /> within statutory deadlines. The permit amendment shall also address appropriate <br /> process pond designs and control measures to prevent further discharges. <br /> The Board imposes a CIVIL PENALTY of$41,000. All but$2,500 of the penalty <br /> is suspended if the Operator complies with the corrective action within the time <br /> specified. The portion of the civil penalty not suspended, $2,500, shall be due and <br /> payable within 30 days of the effective date of this Order. If the Operator does not <br /> comply with the corrective action set forth in this Order, the suspended civil penalty, <br /> $38,500, will become due and payable within 30 days of the deadline for completion of <br /> the corrective action. Failure to submit any due and unpaid civil penalties shall result in <br /> immediate submittal of such penalties to State collections. <br /> DONE AND ORDERED this 13th day of January 2020. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> — 0--'k 141 -(;� <br /> Jo Singletary, Chair <br /> Gillette Sand and Gravel, Inc., <br /> Gillette Pit/M-1992-009 <br /> MV-2019-033 4 <br />