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6. On November 7, 2023, the Operator signed the consent agreement <br /> admitting the violations and agreed to the Division's recommendations to the <br /> Board. <br /> CONCLUSIONS OF LAW <br /> 7. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br /> Title 34, C.R.S. (2023). <br /> 8. Section 34-32.5-124(7), C.R.S. provides for a civil penalty of not less <br /> than $100 per day nor more than $1,000 per day for each day during which an <br /> operator violates or fails to comply with the conditions of an order, permit, or <br /> regulation. By excavating a pit that was not included in its approved mining and <br /> reclamation plans, Operator violated its permit. The Board may impose a penalty <br /> against the Operator based on 37 days of violation at $100 to $1,000 per day for a <br /> civil penalty of$3,700 to $37,000. <br /> ORDER <br /> The Board finds the Operator in violation pursuant to section 34-32.5-124(1), <br /> C.R.S. for failing to comply with the conditions of permit number M-1984-218. <br /> The Operator shall complete the following CORRECTIVE ACTIONS: Submit <br /> a Technical Revision or Amendment application to update the approved mining and <br /> reclamation plans and maps, as well as the hydrologic evaluation for the site, to <br /> address the newly excavated pit area. The Operator shall submit the Technical <br /> Revision or Amendment application within 90 days of the effective date of this <br /> Order, with all materials in an approvable form within statutory deadlines. <br /> The Board imposes a CIVIL PENALTY of$18,500.00, based on 37 days of <br /> violation at $500.00 per day. The Board suspends all but $2,500.00 of the civil <br /> penalties if the corrective actions in this Order are completed to the satisfaction of <br /> the Division within the required deadlines. <br /> The unsuspended portion of the civil penalty, $2,500.00, is due within 30 days <br /> of the effective date of this Order. Failure to comply with the deadlines contained in <br /> this Order shall result in the suspended portion of the civil penalty, $16,000.00, <br /> becoming due and payable. <br /> DONE AND ORDERED this_18_ day of_December 2023. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Martin Marietta Materials, Inc. <br /> M-1985-218 <br /> MV-2023-021 2 <br />