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CONCLUSIONS OF LAW <br />5. 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. (2014) ( "Act "). <br />6. Section 34- 32.5 - 116(4)(1), C.R.S. requires operators to protect areas <br />outside of the affected land from slides or damage occurring during the mining <br />operation and reclamation. The Operator affected land outside the approved affected <br />area during the mining operation, in violation of section 34- 32.5- 116(4)(i), C.R.S. <br />7. Pursuant to section 34- 32.5- 124(2), C.R.S. the Board may issue a cease <br />and desist order if it determines that a provision of the Act has been violated. The <br />Operator failed to protect areas outside of the affected land from slides or damage <br />occurring during the mining operation and reclamation, in violation of section 34- <br />32.5-116(4)(i), C.R.S. <br />8. By violating section 34- 32.5- 116(4)(i), C.R.S., the Operator is in <br />violation of terms of the permit. <br />9. Pursuant to section 34- 32.5- 124(7), C.R.S. the Board may impose a <br />civil penalty of not less than $100 per day nor more than $1,000 per day for each <br />day during which a permit violation occurs. The Board may impose a civil penalty <br />against the Operator based on sixty -four (64) days of violation (from the November <br />25, 2014 inspection to the January 28, 2015 Board meeting) at $100 to $1,000 per <br />day for a civil penalty of $6,400 to $64,000. <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 all further mining operation <br />activity on affected lands outside the approved permit boundary, with the exception <br />of environmental maintenance, reclamation, or corrective action, until the violation <br />has been resolved to the satisfaction of the Division and the Board. <br />The Board imposes the following CORRECTIVE ACTION against the Operator: <br />the Operator shall submit to the Division a permit amendment application to <br />incorporate into the permit boundary all affected lands outside of the approved permit <br />boundary. The permit amendment application shall be submitted within sixty (60) days <br />ARS Sand & Gravel Co., LLC <br />M -1980 -020 <br />MV- 2015 -002 <br />2 <br />