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~~ -2- NOTICE OF YIOLATION Based upon these same Findings of Fact and in accordance with C.R.S. 34-32-124, the Colorado Mined Land Reclamation Board hereby finds Castle Concrete Company to be in violation of Permit M-77-210. MODIFIED BOARD ORDER AND CONDITIONAL CEASE AND DESIST ORDER Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. 34-32-124(2) and (6), the Colorado Mined Land Reclamation Board hereby modifies the Board Order of January 16, 1990 to include the following: All items in the original Board Order must be complied with by October 10, 1990, except for revegetation and planting of trees. This includes, among other items, the installation of the HR-6 culvert, the construction of the sedimentation facility, the installation of a silt fence below the Area 1 slide, and the grading of the Area 2, Area 3, and Area 4 slides. If these items are not completed by October 10, 1990, the operator must cease and desist all mining operations until the items are completed. 2. Reseeding of the Corrective Action disturbances must be accomplished by November 1, 1990. If this is not completed by November 1, 1990, the operator must cease and desist all mining operations until it is completed. 3. Trees must be replanted on the Corrective Action disturbances by May 1, 1991. If this item is not completed by May 1, 1991, the operator must cease and desist all mining operations until it is completed. ORDER TO PAY CIVIL PENALTIES Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. 34-32-124(7) and the previously suspended Board penalty, Castle Concrete Company is hereby ordered to pay the Colorado Mined Land Reclamation Board a civil penalty in the amount of 32,150 within 30 days of the signature date of this document.