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5. On Maly 5, 2016, the Division mailed Operator a Reason to Believe a <br /> Violation Exi is letter and Notice of Board Hearing citing the Potential violation as <br /> the failure to protect areas outside of the affected land from slides or damages <br /> occurring during the mining operation. <br /> 6. On May 23, 2016, Operator admitted the violation and agreed to the <br /> Division's recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 7. 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 /> 8. Pursuant to section 34-32.5-116(4)(i), C.R.S., an operator has a duty to <br /> protect areas outside of the affected land from slides or damages during the mining <br /> operation. Operator affected approximately 1.65 acres of land outside the approved <br /> permit boundary. <br /> 9. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a <br /> cease-and-desist order if it determines that a provision of the Act has been violated. <br /> Operator violated section 34-32.5-116(4)(i), C.R.S. <br /> 10. 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 $1,000 per day for each day <br /> during which a violation occurs. The Board may impose a civil penalty against the <br /> Operator based on 64 days of violation (from the date of the April 14, 2016, <br /> inspection to the June 22, 2016, Board meeting) at $100 to $1,000 per day for a civil <br /> penalty of$6,400 to $64,000. <br /> ORDER <br /> Based on the foregoing Findings of Fact and Conclusions of Law, the Board <br /> hereby finds Morgan 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 slides or <br /> damages that may occur during the mining operation. <br /> Morgan Sand and Gravel Inc. shall CEASE AND DESIST any further mining <br /> activities, with the exception of activities approved by the Division, in writing, <br /> necessary to comply with the conditions of this Order, prevent damage to the off-site <br /> areas, or protect health and safety, until Operator has timely completed the <br /> corrective actions set forth herein to the satisfaction of the Division and the Board. <br /> Morgan Sand and Gravel, Inc. <br /> Westhoff Pit/M-1977-094 <br /> MV-2016-033 2 <br />