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14. The Act requires that reclamation requirements be completed "with <br />reasonable diligence" and within 5 years after the operator notifies the Board that <br />mining has completed. § 34- 32.5- 116(4)(q), C.R.S. (2011); Rule 3.1.3. The Operator <br />failed to reclaim the site with reasonable diligence and within 5 years of notifying <br />the Board, through its annual reports, that activity ceased and reclamation <br />commenced (in or about 2002). <br />15. Section 34- 32.5- 124(7), C.R.S. provides for a civil penalty of not less <br />than $100 per day nor more than $1,000 per day for each day during which a <br />violation occurs. The Board may impose civil penalties against the Operator for <br />37 days for violation of section 34- 32.5- 116(4)(q), C.R.S. and 51 days for violation of <br />section 34- 32.5- 117(4)(c)(II), C.R.S. <br />16. Pursuant to section 34- 32.5- 124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that any provision of the Act was violated. The <br />Operator violated sections 34- 32.5- 116(4)(q) and 117(4)(c)(II), C.R.S. (2011). <br />ORDER <br />A. Based on the foregoing findings of fact and conclusions of law, the <br />Board finds the Operator in violation of section 34- 32.5- 117(4)(c)(II), C.R.S. and Rule <br />4.2.1(2) for failure, after date of notice of adjustment, to fulfill the new requirements. <br />B. Based on the foregoing findings of fact and conclusions of law, the <br />Board finds the Operator in violation of section 34- 32.5- 116(4)(q), C.R.S. and Rule <br />3.1.3 for failure to reclaim the site with reasonable diligence and within 5 years of <br />notifying the Board through annual reports that reclamation had commenced. <br />C. The Operator shall CEASE AND DESIST all activities at the site <br />except written Division - approved reclamation or environmental maintenance. <br />D. The Board imposes against the Operator the following CORRECTIVE <br />ACTION: <br />(1) The Operator shall complete reclamation, except establishing a <br />vegetative cover, on all areas affected by this construction materials extraction <br />operation, within 120 days of the effective date of this Order. <br />(2) The Operator shall, within 60 days of the effective date of this <br />Order, either (i) submit a reclamation bond increase in the amount of <br />$13,537.00 (i.e., difference between current bond held and 2012 update) in a <br />form acceptable to the Division, or (ii) conduct reclamation at the site such <br />that the existing bond is adequate to cover reclamation activities. <br />West End Gravel Company <br />M -1994 -011 <br />MV- 2012 -021 and MV -2012 -022 <br />3 <br />