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into the approved area, and imposed a civil penalty of $36,000 with all but $2,000 <br />suspended if the Operator timely complies with the corrective action. The portion of <br />the civil penalty not suspended was due within 30 days of the effective date of the <br />Order. The Board issued a written order setting forth its findings of fact, <br />conclusions of law and order, effective March 2, 2011 ( "March 2011 Order "). <br />6. The Operator failed to pay the unsuspended portion of the civil penalty <br />within thirty days of March 2, 2011. The Operator paid the unsuspended portion of <br />the civil penalty on April 8, 2011. <br />7. The Operator failed to file an approvable amendment or conversion <br />application addressing the incorporation of all lands affected by the mining <br />operation into the approved area within 180 days of March 2, 2011. The Operator is <br />in violation of the March 2011 Order. <br />8. The Division mailed a Reason to Believe a Violation Exists letter to the <br />Operator on October 7, 2011, informing the Operator of the possible violation for <br />failing to comply with a Board order and providing details regarding the November <br />9, 2011 hearing. <br />9. The Board convened a hearing on November 9, 2011. Based on that <br />hearing, the Board issued an order on November 23, 2011 ( "November 2011 Order ") <br />finding the Operator in violation of the Act pursuant to section 34- 32.5 -124, C.R.S., <br />finding the financial warranty to be subject to forfeiture, directing the Division to <br />schedule a hearing to consider forfeiture of the financial warranty, finding the <br />suspended portion of the civil penalty imposed by the March 2011 Order to be due, <br />and imposing an additional civil penalty in the amount of $4,100. <br />10. On or about February 8, 2012, the Operator submitted a written <br />request for "an extension of the March 2, 2011 board ordered corrective action <br />deadline date of August 29, 2011, to March 9, 2012, in order to allow additional time <br />needed for completion of al10c amendment application." <br />11. The Division supports the Operator's request for an extension of time <br />and recommends approval of the same. At the February 8, 2012 hearing, the <br />Division testified that it has received a 110c application from the Operator. Also at <br />the hearing, the Division withdrew from consideration its hearing for revocation of <br />file number M- 1977 -443 and forfeiture of the associated financial warranty. <br />12. It is appropriate and within the Board's discretion to extend the deadline. <br />Hardrock Sand and Gravel <br />Moon Pit No. 2, M- 1977 -443 <br />MV- 2011 -038 <br />2 <br />