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. , ~ ~ ~ <br />rage a <br />had disturbed pursuant to the NOV, and that all Forest Service lands subjec[ to Permit <br />No. M-1976-032 could be released from that permit due to Telluride's obligations for <br />reclaiming the land according to Forest Service requirements pursuant to the MOU. <br />6. On Mazch 21, 2001, the Board held a hearing to consider the matter of Corrective <br />Actions and Civi] Penalties to be assessed in relation to the NOV. <br />7. On consideration of the matter of civil penalties to be assessed pursuant to the NOV, the <br />Board finds that: <br />a. Telluride Gravel was in violation of the pertinent statutes and rules for 57 days, <br />the period of time from the original inspection to the original NOV hearing. <br />b. Telluride Gravel should be assessed a civil penalty of $100.00 per day, for a total <br />of $5,700.00, for violating statutory legal right-of-entry requirements as <br />mentioned above. <br />c. All of the civil penalty should be suspended due to Telluride Gravel's <br />cooperation and entry into the MOU with the Forest Service to reclaim the <br />Forest Service lands. <br />8. On consideration of the Corrective Actions to be ordered, the Boazd finds that it is <br />appropriate to require Telluride Gravel to reclaim the Forest Service lands pursuant to <br />the MOU and subsequently provide documentation that the reclamation has been <br />completed to the Forest Service's satisfaction, or to require Telluride Gravel to request <br />a release of the Forest Service lands per the requirements of Rule 4.16. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Boazd hereby ORDERS that: <br />• Civil Penalty: Telluride Gravel shall be assessed a civil penalty in the amount of $5,700.00, and <br />that all of the civil penalty shall be suspended pending compliance with the below Corrective <br />Action. <br />• Corrective Action: Telluride Gravel shall reclaim the azea of violation, per the specifications of the <br />Forest Service, and submit, within thirty (30) days of completion, documentation that reclamation <br />has been completed to the Forest Service's satisfaction; or, shall submit a release request pursuant <br />to Construction Materials Rule 4.16 for the area of violation, so long as the request includes <br />documentation that the Forest Service authorizes release of the lands from Permit No. M-1976-032 <br />and a copy of the settlement agreement which guarantees reclamation of the area. <br />Dated this day of ~~ 2001 <br />COLORAD INED LAND RECLAMATION BOARD <br />Michael B. Long, irec[o , n of Minerals and Geology <br />