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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 operatlon are included in a reclamation permit. <br />The Board imposes the Ibllowing CORRECTIVE ACTION against the Operator: <br />the Operator shall, 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 $43.000 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 clue and payable within thirty <br />(30) days of the effective date of this Order. <br />DONE AND ORDERED this ( day of �uv --L 2011. <br />Dale and Ellen Schmidt <br />File No. M- 2011. -01:1 <br />MV -2011 -012 <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 filing <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 - 106(6), <br />C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br />CO 80203. Attention: Sitira Pope. <br />:3 <br />