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CONCLUSIONS OF LAW <br />5. 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 />6. Under section 34- 32.5- 116(4)(i), C.R.S., operators are required to protect <br />areas outside of the affected land from slides or damage occurring during the mining <br />operation and reclamation. The Operator affected approximately 1.5 acres outside <br />the approved permit boundary, in violation of section 34- 32.5- 116(4)(i), C.R.S. <br />7. 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)(a) (2013). The Operator <br />violated section 34- 32.5- 116(4)(i), C.R.S. <br />8. The Board may impose a civil penalty of not less than $100 per day nor <br />more than $1,000 per day for each day during which a violation occurs. Here, the <br />Board may impose a penalty based on 47 days of violation (from the date of the <br />April 04, 2014 inspection to the May 21, 2014 Board) at $100 to $1,000 per day for a <br />civil penalty of $4,700 to $47,000. <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- 32.5- 116(4)(i),C.R.S. for failing to protect <br />areas outside the affected land from slides or damage occurring during the mining <br />operation or reclamation. <br />The Operator shall CEASE AND DESIST any further activity on lands <br />affected outside the approved permit boundary, with the exception of environmental <br />maintenance, reclamation, or corrective actions, until violations have been resolved <br />to the satisfaction of the Division and the Board. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall, within 90 days of the effective date of this Order, <br />submit a conversion application to change permit number M -2010 -080 to a 112 <br />Reclamation Permit. The Operator shall submit a conversion application, with all <br />material in an approvable form within 180 days of the effective date of this Order. <br />The Board imposes a CIVIL PENALTY for 47 days of violation at $100 per <br />day for a total civil penalty of $4,700. All but $500 of the penalty is suspended if the <br />Operator complies with the corrective actions in the time specified. The portion of <br />the civil penalty not suspended, $500, shall be due and payable within thirty (30) <br />days of the effective date of this Order. If the Operator does not comply with the <br />Riverside Aggregates, LLC <br />Friederichs Pit, M -2010 -080 <br />MV -2014 -009 <br />2 <br />