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reclamation of the affected land, and § 34-32.5-117(6), C.R.S., for failing to maintain a <br />financial warranty in good standing for the entire life of the permit. The Board issued a <br />Cease and Desist order prohibiting any further activities at the site. The Board also ordered <br />the following alternative corrective actions: The Operator shall post an appropriate <br />reclamation bond for existing site conditions and submit a technical revision to the mining <br />plan to address changes in mining practice and implement appropriate safety measures. <br />Alternatively, the Operator shall reslope the high wall to no greater than a three-to-one (3:1) <br />slope in accordance with the approved mining plan. The Operator shall properly salvage and <br />maintain all impacted topsoil during resloping activity for use in final reclamation. <br />6. Further, the Board assessed a civil penalty of $59,000.00 with all but <br />$5,000.00 suspended if the Operator complied with the July 7, 2010 Order within 30 days of <br />the Order's signature date. <br />7. At the July 12, 2010 hearing, the Operator requested that the due date for the <br />corrective actions be extended. <br />8. Mr. Barton testified regarding the recent work he's performed on the pit. <br />9. Mr. Barton also said that the pit is going to be sold. <br />10. Mr. Barton requested that he be given additional time to comply with the <br />Board's July 7, 2010 Order. <br />11. As noted in the July 7, 2010 Order, the Operator has appeared before the <br />Board several times regarding this matter: at the February 10, March 10, and April 14, 2010 <br />Board meetings. After each appearance the Board continued the matter to allow the Operator <br />additional time to post the required bond. At the April 14, 2010 hearing, the Board <br />continued the matter to allow time for the Operator to complete a succession of operator <br />agreement or to reclaim the high-wall. <br />12. At the July 12, 2010 hearing, the Board declined to extend the corrective <br />action deadline. <br />13. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104, 105 <br />and 124 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />§ 34-32.5-101 et seq. C.R.S. (2009) ("Act"). <br />ORDER <br />Based on the above, the Board denies the Operator's request for an extension of time <br />to comply with the Board's July 7, 2010 Order. <br />Dumb and Dumber Trucking, Barton Pit <br />M-2000-149 <br />MV No: M-2010-013 <br />2