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boundary and onto off-site lands. The Division determined the Operator's failure to <br /> construct a berm along the eastern permit boundary, as required by the Mine Plan <br /> for the site, allowed a small head cut to develop from upland storm water entering <br /> the site. <br /> 3. On June 1, 2017, the Division sent Operator the April 19, 2017 <br /> inspection report and a Reason to Believe a Violation Exists and Notice of Board <br /> Hearing letter for failure to protect areas outside of the affected land from slides or <br /> damage occurring during the mining operation and failing to stabilize and protect <br /> all surface areas of the affected land to effectively control erosion. The letter also <br /> provided details regarding a hearing on this matter scheduled for July 26, 2017. <br /> 4. At the hearing, the Division testified that the berm required along the <br /> eastern permit boundary of the site was for the purpose of diverting storm water <br /> around the permit boundary. <br /> 5. At the hearing, Mr. Scott testified that a berm along the eastern <br /> permit boundary had existed, but has been reduced and grass has grown on it. Mr. <br /> Scott testified that some repairs have been made since the April 19, 2017 <br /> inspection. <br /> CONCLUSIONS OF LAW <br /> 6. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2016) ("Act"). <br /> 7. Section 34-32-116(7)(h), 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. The Operator failed to protect land outside the approved <br /> affected area during the mining operation, in violation of section 34-32-116(7)(h), <br /> C.R.S. <br /> 8. Section 34-32-116(7)(1), C.R.S. requires operators to stabilize and protect <br /> all surface areas of the affected land so as to effectively control erosion. The Operator <br /> failed to stabilize and protect all surface areas of the affected land so as to effectively <br /> control erosion, in violation of section 34-32-116(7)(1), C.R.S. <br /> 9. Pursuant to section 34-32-124(2), C.R.S. the Board may issue a cease <br /> and desist order if it determines that a provision of the Act or permit has been <br /> violated. <br /> 10. Pursuant to section 34-32-124(7), C.R.S. the Board may impose a civil <br /> penalty of not less than $50 per day nor more than $200 per day for each day during <br /> which a permit violation occurs. The Board may impose a civil penalty against the <br /> The Turquoise Connection, Inc. <br /> M-2007-031 / Scott Blue II <br /> MV-2017-035 2 <br />