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5. On November 22, 2013, the Operator admitted the violation and <br />agreed to the Division's recommendations. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2013) ( "Act "). <br />7. Section 34- 32- 116(7)(h), C.R.S., states that "Reclamation plans and the <br />implementation thereof shall conform to the following general requirements:... (h) <br />Areas outside of the affected land shall be protected from slides or damage occurring <br />during the mining operation and reclamation." The Operator affected land outside <br />the approved permit boundary, in violation of section 34- 32- 116(7)(h), C.R.S. <br />8. The Board may issue a cease and desist order if it determines that any <br />provision of the Act was violated. C.R.S. § 34- 32- 124(2)(x) (2013). The Operator <br />violated section 34- 32- 116(7)(h), C.R.S. <br />9. The Board may impose a civil penalty of not less than $1,000 per day <br />nor more than $5,000 per day for each day during which a violation occurs. Here, <br />the Board may impose a penalty based on 50 days of violation (from the October 23, <br />2013 inspection date to the December 11, 2013 hearing) at $1,000 to $5,000 per day <br />for a civil penalty of $50,000 to $250,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of section 34- 32- 116(7)(h),C.R.S. for failing to protect areas <br />outside the affected land from slides or damage occurring during the mining <br />operation or reclamation. <br />The Operator shall CEASE AND DESIST all activities on all lands outside <br />the approved permit boundary until all corrective actions are completed. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall submit an Amendment Application to modify the <br />permit and affected area to incorporate the entire disturbed area; the Amendment <br />Application shall be submitted within sixty (60) days of the effective date of this <br />Order with all the material in an approvable form within one hundred twenty (120) <br />days of the effective date of this Order. <br />The Board imposes a CIVIL PENALTY for 50 days of violation at $1,000 per <br />day for a total civil penalty of $50,000. All but $500 of the penalty is suspended if <br />the Operator complies with the corrective actions in the time specified. The portion <br />Steel Rose I, Inc. <br />Steel Rose I„ M- 2006 -031 <br />MV- 2013 -039 2 <br />