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11. At the hearing, Mr. Lewicki testified that all pit walls at the site have <br />been reduced to forty -five degrees (45 °) or flatter, with the exception of the water <br />pump hole. The water pump hole does not include a newly constructed highwall <br />and, therefore, is not currently subject to the requirement for pit walls to be forty - <br />five degrees (45 °) or flatter. In the event the water pump hole is mined at a future <br />date, the pit walls will be required to be forty -five degrees (450) or flatter. <br />12. At the hearing, Mr. Lewicki testified that the bases for the violations <br />cited by the Division are valid. <br />CONCLUSIONS OF LAW <br />43. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2012) ( "Act "). <br />14. Section 34- 32.5- 116(4)(g), C.R.S. requires reclamation plans and their <br />implementation to, "[w]here it is necessary to remove overburden and to mine the <br />construction material, topsoil shall be removed and segregated from other spoil." <br />The Operator failed to remove and segregate topsoil from other spoil at the site, in <br />violation of section 34- 32.5 - 116(4)(8), C.R.S. <br />15. By failing to remove and segregate topsoil from other spoil at the site, the <br />Operator failed to comply with the reclamation plan for the site and the conditions of <br />permit number M- 1984 -094, in violation pursuant to section 34- 32.5 -124, C.R.S. <br />16. 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- 32.5- 124(2) (2014). The Operator is in <br />violation of the Act pursuant to sections 34- 32.5- 116(4)(g) and -124, C.R.S. <br />17. 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. C.R.S. § 34- <br />32.5- 124(7) (2014). Here, the Board may impose a penalty based on fifty -two (52) <br />days of violation (from the September 8, 2014 inspection to the October 29, 2014 <br />hearing) at $100 to $1,000 per day for a civil penalty of $5,200 to $52,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator: <br />a. in violation of section 34- 32.5- 116(4)(g),C.R.S. for failing to remove <br />and segregate topsoil from other spoil at the site; and <br />Sanborn Sand and Gravel, d/b /a Golden Cross Aggregate <br />Gloria Z. Mine, M- 1984 -094 <br />MV- 2014 -037 3 <br />