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— -'�.ti .5e:.- as �. •. <br />15. Section 34-32.5-121(2), C.R.S. requires that any person engaged in a <br />mining operation shall notify the Division as soon as reasonably practicable of any <br />failure of any impoundment, embankment, or slope that poses a reasonable <br />potential for danger to persons or property. <br />16. Rule 8.1 of the Mineral Rules and Regulations of the Colorado Mined <br />Land Reclamation Board for the Extraction of Construction Materials (the "Rules") <br />requires that Operators notify the Division no later than twenty-four hours after <br />the Operator knows of a failure or imminent failure of any impoundment, <br />embankment, stockpile or slope that poses a reasonable potential for danger to <br />persons or property. <br />17. By failing to notify the Division of the failure of the slope, the Operator <br />violated section 34-32.5-121(2), C.R.S. and Rule 8.1(a). <br />18. Section 34-32.5-116(4)(i) requires that operators protect areas outside <br />affected land from slides or damage occurring during mining or reclamation. <br />Operator violated section 34-32.5-116(4)(i) by failing to prevent the landslide which <br />left the permitted boundary. <br />19. Based on its determination that Operator violated provisions of the Act <br />and Rules, the Board may issue a cease-and-desist order and include the nature of <br />any corrective actions to be required. § 34-32.5-124(2), C.R.S. (2018). <br />20. The Board may impose a civil penalty of not less than $100 per day or <br />more than $1,000 per day for each day during which a violation of a mining <br />operation permit occurs. § 34-32.5-124(7), C.R.S. (2018). Here, the Board may <br />impose a penalty based on 69 days of violation from the July 20, 2018 Reason to <br />Believe a Violation Exists letter to the September 26, 2018 Board meeting, at $100 <br />to $1,000 per day for a civil penalty of $6,900 to $69,000. <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of sections 34-32.5-116(4)(i) and -121(2), C.R.S., and Rule <br />8.1(a) for failure to notify the Division of the failure of a slope and for failure to <br />protect areas outside affected land from slides or damage occurring during the <br />mining operation. <br />The Operator shall CEASE AND DESIST any further activity on lands <br />outside of the approved affected land boundary, with the exception of environmental <br />maintenance, reclamation, or corrective actions, until the violation has been <br />resolved to the satisfaction of the Division and the Board. <br />Asphalt Paving Company, <br />Ralston Quarry/M-1974-086 <br />MV -2018-035 <br />4 <br />