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B. The Operator shall, within two hundred ten (210) days of the effective <br />date of this Order: <br />1. remove all imported materials from the Bucklen Pit and notify <br />the Division that all imported material has been removed from <br />the site, or <br />2. <br />The Board imposes a CIVIL PENALTY for 65 days of violation pursuant to <br />section 34- 32.5 - 124(7), C.R.S. at $100 per day for a civil penalty of $6,500. All but <br />$500 of the civil penalty is suspended if the Operator complies with the corrective <br />action in the time specified. The portion of the civil penalty not suspended, $500, <br />shall be due and payable within 30 days of the effective date of this Order. <br />DONE AND ORDERED this /7 day of 4i 2012. <br />Bucklen Equipment Company, Inc. <br />Bucklen Pit, M- 1932 -131 <br />MV -2012 -025 <br />submit to the Division an application for a technical revision to <br />permit. number M -1982 -131 describing how the Operator plans <br />to remove the putrescible material and leave only inert material, <br />and requesting the ability to use imported material that meets <br />the standards of the Act and the Rules. All materials submitted <br />to the Division must be in an approvable form. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Ron Peterson, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected or <br />aggrieved by agency action may commence an action for judicial review by filing a <br />notice of appeal with the district court within thirty (30) days after the effective date <br />of this order, pursuant to section 24 -4 -106, C.R.S. (2011). In the event that an appeal <br />is filed, designations of record made in accordance with section 24 -4- 106(6), C.R.S. <br />should be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO <br />80203, Attention: Sitira Pope. <br />4 <br />