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AUG-07-06 03:03PM FROM-RL +303 866 5395 T-688 P.003/005 F-117 <br />2005-010), and failure to salvage and segregate topsoil (1V1V-2005-011). In four separate <br />orders, the Board assessed civil penalties in the amount of 511,100.00 for the three <br />violations N1V-2005-009,1VIV-2005-010 and N1V-2005-012, issued cease and desist orders <br />preventing further mining activities outside of the permitted boutadaries and ordered the <br />Operator to undertake corrective actions within 180 days ofthe signed Board orders. The <br />Board orders were signed on January 21, 2005, which gave the Operator until July 20, 2005 <br />to comply. <br />3. On June 14, 2005, the Operator requested from the Board, and received, an extension to <br />obtain a Section 112 reclamation permit for the entire sate by November 17, 2005. On <br />November 17, 2005, the Operator requested from the Board, and received, atx extension to <br />April 1, 2006 to convert its Section 110 reclamation permit into a Section 112 reclamation <br />permit. On February 16, 2006, the Operator requested from the Board, and received, an <br />extension to June 30, 2006. Today, the Operator is requesting an extension to August 15, <br />2006 to convert. its Section 1 ] 0 reclamation permit into a Section 112 reclamation permit. <br />4. The Operator has paid the outstanding civil penalties assessed against it in prior Board <br />orders. <br />5 _ Section 34-32.5-124(6) of the Act states that the Board may suspend, modify or revoke a <br />permit if, following a hearing, the Board determines that a violation of a permit provision <br />has occurred. Section 24-4-106(4) of the .A,dministrativcProeedures Act authorizes <br />agencies conducting hearings to issue appropriate orders to control the subsequent course of <br />prnceedings- <br />6. Based on the Division's recommendation, it is appropriate for the Boazd to modify its prior <br />Board order in this matter by extending the due date for all incomplete Board-ordered <br />Colo. Marble June 06 ,Eattension, M-1987-028 2 <br />