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During the inspection, the Division observed standing water in the creek channel <br /> upstream side of the road. <br /> 4. By constructing the unapproved access road across Surveyor Creek, <br /> the Operator has prevented the natural flow of the creek. <br /> 5. On July 22, 2016, the Division mailed the Operator a copy of the June <br /> 1, 2016 inspection report and a Reason to Believe a Violation Exists letter, <br /> informing the Operator of the possible violation and providing details regarding a <br /> hearing on this matter scheduled for August 24, 2016. <br /> 6. On August 3, 2016, the Operator signed the consent agreement <br /> admitting the violation and agreed to the 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, Article 32.5 of <br /> Title 34, C.R.S. (2015) ("Act"). <br /> S. 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. By constructing unapproved road access across Surveyor <br /> Creek thereby preventing the natural flow of the creek, the Operator affected land <br /> outside the approved affected area during the mining operation, in violation of <br /> section 34-32.5-116(4)(i), C.R.S. <br /> 9. 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)(1), C.R.S. <br /> 10. By violating a provision of the Act (section 34-32.5-116(4)(1), C.R.S.), <br /> the Operator is in violation of terms of the permit, specifically Condition 1. <br /> 11. 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 thirty-four days of violation (from the mailing date of <br /> the June 1, 2016 inspection report to the August 24, 2016 Board meeting) at $100 to <br /> $1,000 per day for a civil penalty of$3,400 to $34,000. <br /> Washington County <br /> M-1997-015 <br /> MV-2016-050 2 <br />