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protect health and safety. Operator must complete the corrective action contained in <br /> this Order for this cease-and-desist order to be lifted. <br /> The Board imposes against the Operator the following CORRECTIVE ACTION: <br /> the Operator shall, within 120 days of the effective date of this Order, submit an <br /> amendment application to the permit to include a remediation plan that includes: <br /> • A plan for removal and disposal of non-inert material backfilled within the <br /> affected area. <br /> • A plan for documenting and reporting the progress and completion of the <br /> removal and disposal of the non-inert material. <br /> • A groundwater monitoring plan sufficient to characterize and evaluate the <br /> groundwater flow across the site and the impacts to the groundwater quality <br /> of the affected land and surrounding area. <br /> • A revision to the reclamation plan to address the importation of topsoil for <br /> reclamation. <br /> The amendment must be approved within statutory timeframes and Operator shall <br /> implement the remediation plan and water monitoring plan without delay once those <br /> plans are approved. <br /> The Board imposes a CIVIL PENALTY for 62 days of violation at $1000 per <br /> day for a civil penalty of$62,000. The civil penalty is suspended if the Operator <br /> complies with the corrective action in the time specified. <br /> DONE AND ORDERED this_6_day of March 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Nell Wareham- orris, Chair <br /> NOTICE OF APPEAL 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. (2024) and the Colorado Rules of Civil <br /> Procedure. In the event that a complaint for judicial review is filed, designations of <br /> Southwest-Ready Mix, Inc. <br /> Alamosa Pit No. 2, File No. M-1983-175 <br /> MV-2024-026 5 <br />