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ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of section 34-32.5-109(1), C.R.S. for engaging in a new <br />mining operation without first obtaining a reclamation permit. <br />The Operator shall CEASE AND DESIST any further mining activities at the <br />site, except those activities approved by the Division, in writing, as necessary to <br />comply with the conditions of a Board Order, prevent damage to off -site areas, <br />complete reclamation, or to protect public health and safety, until the corrective <br />action has been resolved to the satisfaction of the Division. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTIONS. The Operator shall, within 90 days of the effective date of the Board's <br />Order, submit a reclamation permit application to include all the affected lands <br />disturbed by the mining operation, with all material in approvable form within <br />statutory deadlines. <br />The Board imposes a CIVIL PENALTY for 41 days of violation at $1,000 per <br />day for a total civil penalty of $41,000. The Board also assesses a civil penalty to <br />cover costs incurred by the Division in investigating the alleged violation at a rate <br />of $56.64 per hour for 4 hours, for a penalty of $226.56. The Board will suspend all <br />of the $41,226.56 assessed civil penalty, if the corrective actions cited above are <br />completed to the satisfaction of the Division within the required deadlines. If the <br />Operator does not comply with the corrective actions set forth in this Order, then <br />the suspended civil penalties, $41,226.56, shall be due and payable. Failure to <br />submit any due and unpaid civil penalties shall result in the immediate submittal <br />of those penalties to State collections. <br />DONE AND ORDERED this day of NkeLz,a— 2021. <br />FOR THE COLORADO-N <br />RECLM;iATION BOARD <br />La <br />NOTICE OF JUDICIAL REVIEW RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />Tara Sanders <br />M-2021-036 <br />MV-2021-011 <br />3 <br />