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r <br />The Board further Orders the following CORRECTIVE ACTION: the Operator shall <br />secure a reclamation permit for Application No. M-2008-017 within 90 days of the signed <br />Board Order; and the Operator shall post an interim bond in the amount of $1,500. <br />The Board assesses a civil penalty in the amount of $13,000 (based on $1,000 per day <br />of violation and 13 days of violation). The Board suspends the total amount of the $13,000 <br />civil penalty so long as the Operator complies with the provisions of corrective action <br />described above within 90 days of the signed Board Order. The Board assesses an additional <br />civil penalty in the amount of $849.60, based on 15 hours of staff time at $56.64 per hour. <br />The civil penalty is due within 90 (ninety) days of the signed Board Order. <br />DONE AND ORDERED this day of u <br />Y 2008. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />HARRY J ICK, Board Member for <br />IRA J. PAULIN, Chair <br />Mined Land Reclamation Board <br />NOTICE OF APPEAL RIGHTS <br />Each party has the following rights: <br />1. To abide by this decision of the State Mined Land Reclamation Board. If a Petition <br />for Reconsideration or Appeal is not filed within the time limits described below, the <br />Board's decision shall be final; or <br />2. To file a Petition for Reconsideration within twenty (20) calendar days of the date the <br />Board's order is signed (hereafter "effective date") pursuant to Rule 2.9 of the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br />the Extraction of Construction Materials. <br />3. To Appeal this decision to the Denver district court within thirty (30) calendar days of <br />the effective date of the Board's Order pursuant to Section 24-4-106(4), C.R.S. <br />(2008). <br />In the event the decision is appealed, pursuant to Section 24-4-106(4), C.R.S. (2008), the <br />party filing the appeal with the Denver district court must serve the Board with a copy of the <br />Designation of Record at: 1313 Sherman Street, Room 215, Denver, CO. 80203, Att: Sitira <br />Pope; designating the relevant parts of such record and advance the cost therefore as required <br />by Section 24-4-106(6), C.R.S., (2008). Such will aide in the timely preparation of the <br />record. <br />Derr Darwin <br />M-2008-017 <br />3