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May 8, 2018 inspection report and providing notice that the matter had been <br />scheduled for a hearing before the Board during the June 27, 2018 meeting. <br />5. On June 20, 2018, the Operator admitted the violations and agreed to <br />the Division's recommendations. <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. Section 34-32.5-116(4)(i), C.R.S. requires that areas outside of the <br />affected lands be protected from slides or damages occurring during the mining <br />operation or reclamation. The Operator affected land outside the approved <br />boundary and therefore failed to protect areas outside of the affected land from <br />slides or damages occurring during the mining and reclamation operation, in <br />violation of section 34-32.5-116(4)(i), C.R.S. <br />8. The Operator failed to comply with the conditions of permit number M- <br />2011-014. <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 any provision of the Act or a permit was <br />violated. The Operator violated sections 34-32.5-116(4)(1), C.R.S. and permit <br />number M-2011-014. <br />10. 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 violation occurs. The Board may impose a penalty against the <br />Operator based on 34 days of violation at $100 to $1,000 per day for a civil penalty <br />of $3,400 to $34,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby: <br />A. finds the Operator in violation of section 34-32.5-116(4)(i),C.R.S. for <br />failing to protect areas outside of the affected land from slides or <br />damages occurring during the mining and reclamation operation; and <br />Dale and Ellen Schmidt <br />M-2011-014 <br />W-2018-018 <br />2 <br />