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<br />Pngc 2 <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS that: <br />Mobile Premix has violated Section 34-32.5-116(1), C.R.S. <br />2. Mobile Premix shall comply with the following CORRECTNE ACTIONS: <br />A. Submit a Revised Drainage Control Plan that considers current hydrologic conditions, and is <br />designed to minimize on-site erosion and off-site damage by November 29, 2001. Mobile <br />Premix may request an extension of the deadline for good cause shown and by demonstrating <br />that they have made a good faith effort to meet the deadline <br />Complete the installation of all components of the Revised Drainage Control Plan no later than <br />March 31, 2002. <br />C. Submit no later than May 3l, 2002, a complete set of As-Built Drainage Control Designs for <br />each component of the Revised Drainage Control Plan certified by a qualified registered <br />professional engineer and a statement certified by a registered professional engineer that each <br />component of the Revised Drainage Control Plan has been properly installed. <br />Mobile Premix is hereby assessed a total CNIL PENALTY of $48,000.00 for 48 days of violation, <br />pursuant to Section 34-32.5-123(2), C.R.S. All but $10,000.00 of the Civil Penalty shall be suspended <br />pending compliance with the Corrective Action set forth above. The unsuspended $10,000.00 portion <br />of the civil penalty shall be submitted to the Division within 30 days of the date of this Order. <br />The rights and obligations of recipients of a Notice of Violation are described in the Colorado Land <br />Reclamation Ac[ for the Extraction of Construction Materials, Sections 34-32.5-]OI et sec., Colorado Revised <br />Statutes. <br />Nothing contained herein, particularly those portions requiring certain acts to be performed within a <br />certain time, shall be construed as a permit or license to engage in any prospecting or mining operations <br />within the State of Colorado. <br />Dated thiS~`aday of o ~ , 2001 <br />COLORADO MINED LAND RECLAMATION BOARD <br />Michael B. Lo Directo <br />Division of Minera eology <br />