Laserfiche WebLink
CONCLUSIONS OF LAW <br />6. 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. (2016) ("Act"). <br />7. Section 34-32.5-116(4)(1), C.R.S. requires operators to protect areas outside <br />of the affected land from slides or damage occurring during the mining operation and <br />reclamation. The Operator affected land outside the approved affected area during the <br />mining operation, in violation of section 34-32.5-116(4)(i), C.R.S. <br />8. 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 34-32.5- <br />116(4)(i), C.R.S. <br />9. 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 during <br />which a permit violation occurs. The Board may impose a civil penalty against the <br />Operator based on thirty-five days of violation (from the date of the Reason to Believe <br />letter to the July 26, 2017 hearing) at $100 to $1,000 per day for a civil penalty of <br />$3,500 to $35,000. <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 areas <br />outside the affected land from slides or damage occurring during the mining operation <br />or reclamation. <br />The Operator shall CEASE AND DESIST all further mining activities at the <br />site, with the exception of those activities required to prevent damage to off-site areas, <br />or protect public health and safety, until Operator complies with all corrective actions <br />set forth herein. <br />The Board imposes the following CORRECTIVE ACTION against the Operator: the <br />Operator shall submit to the Division a conversion application, in an approvable form, to <br />include all lands affected by the operation in the approved affected area within ninety days of <br />the effective date of the this order. The Board imposes a CIVIL PENALTY for thirty-five days <br />of violation at one hundred dollars per day for a total civil penalty of $3,500. All but $500 of <br />the civil penalty is suspended if the Operator complies with the corrective action in the time <br />specified. The portion of the civil penalty not suspended, $500, shall be due and payable <br />within thirty days of the effective date of this Order. If the Operator does not <br />Alamosa County <br />M-2001-108 / Alamosa County Pit No. 1 <br />NIV-2017-033 <br />2 <br />