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3. The Division's September 27, 2017 inspection report detailed problems <br />or possible violations for failure to post required boundary and mine identification <br />signs, off-site damage, presence of noxious weeds on-site, and failure to file a notice <br />of temporary cessation. The inspection report required the Operator to (a) post the <br />mine identification sign and conduct a survey to remark the boundaries with <br />clearly -visible markers by October 31, 2017, (b) implement the existing weed control <br />plan or provide one to the Division as a Technical Revision to the approved plan by <br />October 31, 2017; and (c) file a Notice of Temporary Cessation by October 31, 2017. <br />4. On October 23, 2017, Operator submitted a revision request via email <br />for a "boundary adjustment" of the permitted area to increase it from 17 to 20 acres. <br />The Division did not view the email as a compliant permit amendment request <br />under Rule 1.10 of the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for the Extraction of Construction Materials (the "Rules"). <br />5. On October 24, 2017, the Division mailed a Reason to Believe a <br />Violation Exists and Notice of Board Hearing letter to the Operator, The letter <br />identified failing to protect areas outside of the affected land from slides or damage <br />as the violation to be considered by the Board at its December 13-14, 2017 regularly <br />scheduled meeting. <br />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. (2017) ("Act"). <br />7. Under section 34-32.5-116(4)(1), C.R.S., operators are required to <br />protect areas outside of the affected land from slides or damage occurring during <br />the mining operation and reclamation. Operator affected approximately 1.6 acres of <br />land outside the boundary of the permit area. <br />8. By affecting land outside the permitted area, Operator failed to comply <br />with and violated the terms of permit M-2006-013. Operator is therefore subject to <br />the provisions of section 34-32.5-124, C.R.S. <br />J. The Board may issue a cease and desist order if it determines that <br />any provision of the Act or permit was violated. C.R.S. § 34-32.5-124(2). Operator <br />is in violation of section 34-32.5-116(4)(i), C.R.S. and its permit. <br />10. The Board may impose a civil penalty of not less than $100 per day nor <br />more than $1,000 per day for each day during which a violation occurs. C.R.S. § 34- <br />32.5-124(7). Here, the Board may impose a penalty based on fifty (50) days of <br />Eastern Colorado Aggregates L.L.L.P. <br />Potts Pitt #21 M-2006-013 <br />MV -2017 -062 2 <br />