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The Operator and Permittee are ordered to cease and desist from conducting any <br />further activities in the area outside of the currently approved permit, with the exception of <br />reclamation and environmental maintenance activities, until all areas affected by the <br />operation are included in a reclamation permit. <br />The Board imposes the following corrective action: the Operator must provide all <br />materials necessary to incorporate all areas affected by mining into a reclamation permit, <br />including the required financial warranty (to be determined), within 180 days of the signature <br />date of the Board Order. <br />The Board imposes a civil penalty of $100 per day for 43 days for a total penalty of <br />$4,300. All but $800 of the penalty is suspended if the Operator and Permittee comply with <br />the corrective actions in the times specified. The portion of the civil penalties not suspended, <br />$800, shall be due and payable within thirty days of the mailing date of the signed Board <br />Order. <br />DONE AND ORDERED this $ day of (5u 52009. <br />FOR THE COLORADO MINED L ND T,, GLAMATION BOARD <br />Tet "won, Acting Chair <br />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 ("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 />Anthony Zellitti <br />Zellitti Pit <br />MV-2009-019