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financial warranty to assure the completion of reclamation on the affected land, and § 34- <br />32.5-117(4)(c)(II), C.R.S., for failing to submit a financial warranty within 60 days of an <br />adjustment. The Board hereby orders the Operator to cease and desist from conducting any <br />further activities at the site, with the exception of reclamation activities, until the proper, <br />adequate bond is posted with the Division. The Board hereby orders the following corrective <br />action: the Operator must post the appropriate bond within 30 days of this signed Board <br />Order. <br />The Board also imposes against the Operator a civil penalty in the amount of $339.84 <br />for the Division staff time expended on this matter and an additional $3,800 for 38 days of <br />violation at $100 per day of violation. The Board hereby orders the Operator to pay civil <br />penalties in the amount of $4,139.84. The penalties shall be due and payable to the Division <br />within thirty (30) days of the mailing date of the signed Board Order. <br />DONE AND ORDERED this 3 day of , w) , 2009. <br />FOR THE COLORADO MINED LAND RECL TIO BOARD <br />"), /r ` ice/ <br />Catherine Kraeger-Rov , 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 />Malouff Pit <br />M-1982-033