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ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />ORDERS the following: <br />The Operator shall CEASE AND DESIST any further mining activity, except <br />those activities approved by the Division, in writing, as necessary to comply with <br />the conditions of this Order, prevent damage to off-site areas, or to protect public <br />health and safety, until the corrective action has been resolved to the satisfaction of <br />the Division. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTIONS: The Operator shall, within 180 days of the effective date of this Order, <br />either: <br />1. Submit to the Division an appropriately executed proof of legal right of <br />entry or lease agreement with Susanne and Robert Burton, the property <br />owners; or <br />2. Begin reclamation on all lands affected by the mining operation on which <br />the Operator does not have legal right to enter. <br />The Board imposes a CIVIL PENALTY of $10,000. All but $1,000 of the <br />penalty is suspended if the Operator complies with the corrective actions within the <br />time specified. The portion of the civil penalty not suspended, $1,000, shall be due <br />and payable within thirty days of the effective date of this Order. If the Operator <br />does not comply with the corrective actions set forth in this Order, the suspended <br />civil penalty, $9,000, will become due and payable. Failure to submit any due and <br />unpaid civil penalties shall result in immediate submittal of such penalties to <br />collections. <br />DONE AND ORDERED this 11th day of January 2021. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Jill Van Noord, Chair <br />Southway Construction Company, Inc., <br />Burton Pit/M-19$7-013 <br />MV -2021-001 <br />3 <br />