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The Board imposes against the Operator the following CORRECTIVE <br /> ACTIONS: <br /> (A)The Operator shall submit to the Division a permit conversion application <br /> to include the affected lands outside the approved permit boundary. The <br /> Operator shall submit the conversion application by February 1, 2023, <br /> with all material in an approvable form within statutory deadlines. <br /> (B)Operator shall remove the loader from the site by January 1, 2023. <br /> The Board AFFIRMS the suspended civil penalty, $38,700.00 assessed in the <br /> October 22, 2021 Order. If the Operator does not comply with the corrective action <br /> set forth in this Order, the suspended civil penalty of$38,700.00 will become due <br /> and payable within 30 days of the deadline for completion of the corrective action. <br /> Failure to submit any due and unpaid civil penalties shall result in immediate <br /> submittal of such penalties to State collections. <br /> The Board orders that permit number M-2003-002 is SUSPENDED. <br /> The Board finds the financial warranty for permit number M-2003-002 is <br /> subject to forfeiture under section 34-32.5-118(1)(b), C.R.S., for Operator's failure to <br /> cure a default under its performance warranty. <br /> If Operator does not timely comply with the corrective actions in this Order, <br /> the Board directs the Division, in accordance with section 34-32.5-118(2), C.R.S., to <br /> notify Operator and all financial warrantors that the financial warranty is subject <br /> to forfeiture and of their right to appear at a Board hearing to consider whether the <br /> financial warranty for the permit should be forfeited, such hearing to be held at <br /> least thirty days after receipt of such notice. <br /> DONE AND ORDERED this.,-,eQL day of 2023. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jill elson, Chair <br /> HCR High Country Repair, <br /> f;hnst River Gravel Pit/M-2003-002 <br /> 4 <br />