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The Operator shall CEASE AND DESIST all activities at the site, with the <br />exception of Division-authorized environmental maintenance activities. until all <br />areas affected by the operation are included in a reclamation permit:. <br />The Board imposes the fallowing CORRECTIVE ACTION against the Operator: <br />the Operator shrill. within one hundred eighty (180) days of the effective date of this <br />Order, submit all materials necessary to allow the Board or Division to issue a <br />Construction Materials 110 Reclamation Permit that includes and addresses all areas <br />affected by the Operator's activities, including the required financial warranty as <br />calculated by the Division during the permitting process. <br />The Board imposes a CIVIL PENALTY of S43,000 pursuant to section 34- <br />32.5-123(2), C.R.S. In addition, the Board imposes a CIVIL PENALTY in the <br />amount of $509.76 pursuant to section 34-32.5-123(4), C.R.S. for investigation costs <br />incurred by the Division. Therefore, the Board imposes civil penalties in the total <br />amount of S43.509.76. All but $5.509.76 of the total civil penalty- is suspended if the <br />Operator complies with the corrective action in the time specified. The portion of <br />the civil penalty not suspended, $5,509.76, shall be due and payable within thirty <br />(30) days of the effective date of this Order. <br />DONE AND ORDERED this ? dray of 2011. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Elizabeth Paranhos, 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 Kling <br />a 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 that 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 Clio Board at.: 1313 Sherman Street, Room 215, Denver, <br />CO 80203, attention: Sitira Pope. <br />Dale and Ellen Schmidt <br />File No. M-2011.-014 <br />,MV-2011-012 <br />3