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4. After the inspection and review of the permit file,the Division determined <br /> that the mining activities and the erosional head cut feature affected lands outside of the <br /> approved permit boundary. <br /> 5. On July 29,2016,the Division sent the Operator the June 29,2016,inspection <br /> report and a Reason to Believe a Violation Exists letter. The Division's letter provided <br /> notice regarding the alleged,violations and information about the September 28, 2016 <br /> hearing. <br /> 6. On August 18, 2016,the 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 Land <br /> Reclamation Act for the Extraction of Construction Materials,Article 32.5 of Title 34, G.R.S. <br /> (2016) ("Act"). <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 0.8:acres of Nnd outside the approved permit <br /> boundary. <br /> 9. Pursuant to section 34-32.5-116(4)(h), C.R.S.,an operator has a duty to <br /> minimize disturbance to the prevailing hydrologic balance. The proximity of the mining <br /> operation to Ladder Creek resulted in impounding all water from the creek constituted a <br /> failure to.minimize disturbance to the,prevailing hydrologic balance of the affected land <br /> and surrounding area. <br /> 10. A violation of section 34-32.5-116(h) and(i), C.R.S.,constitutes a violation of <br /> a permit provision, specifically Condition 1 of permit M-2000-018. <br /> 11. Pursuant to section 34-32.5-124(2),C.R.S.,the Board may issue a cease-and- <br /> desist order if it determines that a provision of the Act has been violated. Operator violated <br /> section 34-32.5-116(4)(h)and(i), C.R.S. <br /> 12. Pursuant to section 34-32.5-124(7),C.RS.,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 during <br /> which a violation occurs. The Board may impose a civil penalty against the Operator based <br /> on sixty-two (62) days of violation (from the signature date of the July 29, 2016,Reason to <br /> Believe Letter to the September 28,2016, Board meeting) for a civil penalty of$6,200 to <br /> $62,000. <br /> Cheyenne County <br /> Munsch Pit/M-2000-018 <br /> MV-2016-052 2 <br />