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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 corrective actions <br />have 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 36 days of violation at $1,000 per <br />day for a total civil penalty of $36,000. 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 four hours, for a penalty of $226.56. The Board will suspend <br />all but $100 of the $36,226.56 assessed civil penalty, if the corrective actions cited <br />above are completed to the satisfaction of the Division within the required <br />deadlines. The portion of the civil penalty not suspended, $100, shall be due and <br />payable within thirty days of the effective date of this Order. If the Operator does <br />not comply with the corrective actions set forth in this Order, then the suspended <br />civil penalties, $36,126.56, shall be due and payable. Failure to submit any due and <br />unpaid civil penalties shall result in the immediate submittal of those penalties to <br />State collections. <br />DONE AND ORDERED this 1 � day of bf- 2021. <br />FOR TIC COLORADO MINED LAND <br />La <br />Bruce Newell <br />M-2021-025 <br />MV-2021-018 <br />