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14. Pursuant to § 34-32.5-123 (1), C.R.S., whenever an operator fails to obtain a <br />valid permit, the Board may issue a Cease and Desist Order. <br />ORDER <br />The Board finds Mr. Konig in violation of § 34-32.5-109(1), C.R.S., for failing to <br />obtain from the Board or Office a reclamation permit prior to engaging in a new mining <br />operation. <br />The Board orders that Mr. Konig shall cease and desist from any further mining <br />activities, except for those activities required to prevent damage to off-site area or protect the <br />public health and safety until the Operator complies with this Order. <br />The Board orders the following corrective action: The Operator shall submit a 112 <br />Construction Materials Reclamation Permit Application to incorporate the disturbed area. <br />The Operator shall submit a 112 Construction Materials Reclamation Permit Application <br />within 60 days, with all material in an approvable form within 120 days of this Order's <br />signature date. <br />The Board imposes against the Operator a civil penalty for 38 days of violation at <br />$1,000 per day, for a total civil penalty of $38,000. All but $1,000 of the civil penalty is <br />suspended if the Operator complies with the corrective action. The unsuspended portion of <br />the civil penalty, $1,000, shall be submitted to the Division within 30 days of this Order's <br />signature date. <br />DONE AND ORDERED this day of , 2010. <br />FOR THE COLORADO MINED LAND RECLAMATION <br /> <br />, Chair <br />Mined Land <br />Konig <br />Mining Without a Permit Consent Order <br />M-2010-055 <br />MV-2010-025 <br />3