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JAN-07-2011 12:13 FROM:IRA PAULIN 7195376956 TO:DRMS P.3/4 <br />ORDER <br />Based on the foregcaing findings of fact and conclusions of law, the Bovril <br />hereby finds the Operaator i11 violation of section 34-32,5-116(4)(1),C.R.S. and Rule <br />3.1.5(3), for .failing to protect areas outside the affected land from slides or damage <br />occurring during the mining operation and, reclamation. <br />Because the Operator has already corrected this issue by moving the berm to <br />within (,he approved permit boundaries, no further corrective actions are required. <br />No order to crease and desist is necessary as the operator. has acknowledged <br />and corrected the violation. <br />The Board imposes a civil penalty for 40 days of violation at $100 per day :fur <br />a total civil penalty of $4,000. All but, $500 of the penalty is suspended since Lhe <br />Operator has complied with the corrective action and the disturbance was less thall <br />two acres. The portion of the civil penalty not susppnded, $500, shall be clue and <br />payable within 30 drays of this Order's signature date. <br />DONE AND ORDERED this 5 day of 2011. <br />FOR TIME COLORADO MINED LANI) <br />ftH,CLAMA`l'.[ON BOARD <br />Ira J. Paulin, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />is notice of appeal with the district court within thirty (30) days after the effective <br />date of this order, pursuant to section 24-4-106, C.R.S. (2010). In the event thaat: an <br />appeal is filed, designations, of record made in accordance with section 24-4-106(6), <br />C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br />CO 60203, Attention: Sitira Pope_ <br />Unite&O1dcastle SW Group <br />Norwood. Pit, M-1988-037 <br />MV-2010-037 'i