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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-1988-090. The <br /> Board also finds Operator in violation of section 34-32.5-116(4)(g) and Rule 3.1.9 for <br /> failure to remove and segregate topsoil for future reclamation use. <br /> The Operator shall CEASE AND DESIST all activities within the permit <br /> boundary, except those activities approved by the Division, in writing, as necessary <br /> to 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 the corrective <br /> actions have been resolved to the satisfaction of the Division. <br /> The Operator shall complete the following CORRECTIVE ACTION: Submit <br /> a Technical Revision or Amendment application to account for current site <br /> conditions and the lack of salvaged topsoil to conduct adequate reclamation. The <br /> Operator shall submit the revision within 90 days of the effective date of this Order, <br /> with all materials in an approvable form within statutory deadlines. <br /> The Board imposes a CIVIL PENALTY of$5,800.00, based on 58 days of <br /> violation at $100.00 per day. The Board suspends all but $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, $500.00, is due within 30 days of <br /> 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, $5,300.00, <br /> becoming due and payable. <br /> DONE AND ORDERED this _3_ day of_May 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Nell Wareha is, air <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected or <br /> aggrieved by agency action may commence an action for judicial review by filing a <br /> 5A Aggregate LLC. <br /> M-1988-090 <br /> MV-2024-006 3 <br />