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CONCLUSIONS OF LAW <br />11. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials ("Act"), Article <br />32.5 of Title 34, C.R.S. <br />12. Under section 34-32.5-116(4)(1) C.R.S., operators are required to <br />protect areas outside of the affected land from slides or damages occurring during <br />the mining operation. The Operator extracted and transported materials from the <br />Sheehan Pit to an area outside the permit boundary to store the material, <br />constituting a violation of section 34-32.5-116(4)(i), C.R.S. <br />13. By violating section 34-32.5-116(4)(1), C.R.S., the Operator has failed <br />to comply with the provision of the permit that requires the mining operation be <br />conducted in accordance with the provisions of the Act. <br />14. 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 permit violation has occurred. The Board <br />determined that Operator failed to protect areas outside of the affected land from <br />damage occurring during the mining operation, thereby violating the provision of <br />the permit that requires the mining operations be conducted with the provisions of <br />the Act. <br />15. Pursuant to section 34-32.5-124(7), C.R.S. the Board may impose a civil <br />penalty of not less than $100 per day nor more than $1000 per day for each day <br />during which a permit violation occurs. The Board may impose a civil penalty <br />against the Operator based on forty-nine (49) days of violation (from the July 8, <br />2015 inspection to the August 26, 2015 Board meeting) at $100 to $1,000 per day for <br />a civil penalty of $4,900 to $49,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds C & B Sand and Gravel, Inc. in violation of section 34-32.5-116(4)(1), <br />C.R.S. for failing to protect areas outside of the affected land from damage occurring <br />during the mining operation. <br />C & B Sand and Gravel, Inc. shall CEASE AND DESIST any activities outside <br />its permit boundary, with the exception of reclamation and environmental <br />maintenance activities approved by the Division in writing, necessary to comply with <br />the conditions of this Order, prevent damage to the off-site areas, or protect health <br />and safety. <br />C & B Sand and Gravel, Inc. <br />Sheehan Pit/M-2007-058 <br />MV -2015-015 3 <br />