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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, 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 the Board's Order, submit a <br /> reclamation permit application to include all the affected lands disturbed by the <br /> mining operation, with all materials in an approvable form within statutory <br /> deadlines. <br /> The Board imposes a CIVIL PENALTY for 37 days of violation at $1,000 per <br /> day, for a total civil penalty of$37,000. 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 6 hours, for a penalty of$339.84. <br /> The Board will suspend all but $1,339.84 of the assessed civil penalty, 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, $36,000, shall be due and payable. <br /> DONE AND ORDERED this 2nd day of February 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Nell Wareham- orris, 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 /> Michael Brown <br /> M-2023-031 <br /> W-2023-023 3 <br />