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The Operator shall CEASE AND DESIST any further mining activities <br /> beyond the permit boundaries except those activities approved by the Division, in <br /> writing, as necessary to comply with the conditions of a Board Order, prevent <br /> damage to off-site areas, 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 the following CORRECTIVE ACTION: The Operator <br /> shall, within 90 days of the effective date of this Order, submit either a conversion <br /> or amendment application to encompass all of the affected land at the site and <br /> obtain approval within statutory deadlines. <br /> The Board imposes a CIVIL PENALTY of$30,000. The Board also assesses a <br /> civil penalty to cover costs incurred by the Division in investigating the alleged <br /> violation at a rate of$56.64 per hour for 5 hours, for a penalty of$283.20. <br /> The Board will suspend all but $783.20 of the assessed civil penalties if the <br /> corrective actions cited above are completed to the satisfaction of the Division <br /> within the required deadlines. <br /> If the Operator does not comply with the corrective actions set forth in this <br /> Order, then the suspended civil penalties, $29,500, shall be due and payable. <br /> DONE AND ORDERED this 1 St day of September 2023. <br /> FOR THE COLORADO MINED LAND <br /> REC TION BOARD <br /> /,?. ov-- <br /> Patrick Ortiz, Chair <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 /> a complaint with the district court within 35 days after the effective date of this <br /> order, pursuant to section 24-4-106, C.R.S. and the Colorado Rules of Civil <br /> Procedure. If a complaint for judicial review is filed, designations of record made in <br /> accordance with section 24-4-106(6), C.R.S. should be served on the Board at: 1313 <br /> Sherman Street, Room 215, Denver, CO 80203, Attention: Camie Mojar. <br /> Summit Brick & Tile Co. <br /> M-1985-203 <br /> MV-2023-011 <br />