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ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds the Operator <br />in violation of Section 34-32.5-116(1) of the Act for failure to perform such reclamation as is <br />prescribed in the Operator's reclamation plan by installing a slurry wall within the permitted <br />area prior to obtaining the Division's approval. The Boazd hereby orders the Operator to <br />undertake corrective actions, namely to obtain Division approval of the submitted amendment <br />application within 180 days of the signature date of this Board order. The Board hereby <br />assesses a civil penalty of $2,600.00, based on $100.00 per day for 26 days of violations, <br />calculated as set forth above. All but $1,000.00 of the assessed penalty shall be suspended if <br />the Operator obtains approval of the amendment application by the October 2006 Board <br />meeting. The $1,000.00 in non-suspended civil penalties shall be due and payable within <br />thirty (30) days of the signature date of this Board order. <br />DATED this ~ day of ~~l , 2006. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />..rc.- S : ... - ..~ <br />Ira Paulin, Chair, fined Land <br />Reclamation Board <br />Albert Frei & Sons <br />M-1977-526 <br />