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The Operator is ordered to cease and desist from conducting any further mining with <br />the exception of a portion of the land for loading material previously mined. This Cease and <br />Desist Order is in effect until May 13, 2010 or approval of the amendment discussed below. <br />The Board imposes against the Operator the following corrective action: the Operator <br />shall provide an amendment to the permit to revise the mining and reclamation plan by May <br />13, 2010. The application must address stabilization of the quarry and provide a detailed <br />reclamation plan that will meet the performance standards of the Construction Materials <br />statutes and regulations. <br />The Board imposes a civil penalty of $100 per day for 42 days for a total penalty of <br />$4,200. All but $1,000 of the penalty is suspended if the Operator complies with the <br />corrective actions in the times specified. The portion of the civil penalties not suspended, <br />$1000, shall be due and payable within thirty days of the mailing date of the signed Board <br />Order. <br />DONE AND ORDERED this Zr day of -Fa u -e , 2009. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />01 <br />y e erson, Acting Chair <br />Mined Land Reclamation Board <br />NOTICE OF APPEAL RIGHTS <br />Each party has the following rights: <br />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 ("effective date") pursuant to Rule 2.9 of the Mineral Rules <br />and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of <br />Construction Materials. <br />3. To appeal this decision to the Denver District Court within thirty (30) calendar days <br />of the effective date of the Board's Order pursuant to § 24-4-106(4), C.R.S. <br />In the event the decision is appealed, pursuant to § 24-4-106(4), C.R.S., the party filing the <br />Appeal with the Denver District Court must serve the Board with a copy of the Designation <br />of Record at: 1313 Sherman Street, Room 215, Denver, CO 80203, Attention: Sitira Pope; <br />Continental Materials <br />Pike View Quarry, M-1977-211 <br />MV-2009-012