2013-06-25_ENFORCEMENT - M1995007

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ORDER Based on the foregoing findings of fact and conclusions of law, the Board finds the Operator in violation of: (A) section 34- 32.5- 117(4)(b)(I), C.R.S. and Rule 4.2.1(1) and (4) s for failing to maintain a sufficient financial warranty; and (B) section 34 -32.5- 117(4) (c)(II), C.R_S. and Rule 4.2.1(2) for failing to fulfill new financial warranty requirements within sixty days of the notice of an adjustment. The Operator shall CEASE AND DESIST all activities at the site, with the exception of environmental maintenance activities, reclamation, or corrective actions until violations have been resolved to the satisfaction of the Division or the Board. The Board imposes against the Operator the following CORRECTIVE ACTION: the Operator shall submit the $15,900 in additional financial warranty within thirty (30) days of the effective date of this Order. The Board imposes a CIVIL PENALTY for 39 days of violation at $100 per day for a total civil penalty of $3,900. All but $500 of the civil penalty is suspended if the Operator complies with the corrective action in the time specified. The portion of the civil penalty not suspended, $500, shall be due and payable within thirty (30) days of the effective date of this Order. Failure to submit the unsuspended portion of the civil penalty by the date specified above shall result in immediate submittal of such penalties to State collections. DONE AND ORDERED this —T day of -Z-A- . l 2013. FOR THE COLORADO MINED LAND RECLAMATION BOARD Thomas Brubaker, NOTICE OF APPEAL RIGHTS This order becomes effective and final upon mailing. Any party adversely affected or aggrieved by agency action may commence an action for judicial review by filing a notice of appeal with the district court within thirty -five (35) days after the effective Bent County Ready Mix Thomeczek Pit, M -1995 -007 MV -MV -2013 -022 3