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• <br /> , <br /> 3. On January 4, 2012, the Division sent the Operator a Reason to <br /> Believe a Violation Exists letter. The Division's letter provided notice regarding the <br /> alleged violations and information about the February Board hearing. <br /> 4. On January 24, 2012, the Operator admitted the violations and agreed <br /> to the Division's recommendations. <br /> CONCLUSIONS OF LAW <br /> 5. 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. (2011) ("Act"). <br /> 6. The Act requires persons desiring to conduct mining operations to file <br /> an application containing information required by the Act prior to commencing <br /> operations. C.R.S. § 34-32.5-110(1) (2011). The Operator failed to provide <br /> information sufficient to determine the location of affected land and proposed roads <br /> or access routes, in violation of section 34-32.5-110(1), C.R.S. <br /> 7. The Operator affected land outside the approved boundary and <br /> therefore failed to protect areas outside of the affected land from slides or damages <br /> occurring during the mining and reclamation operation, in violation of section 34- <br /> 32.5-116(4)(i), C.R.S. <br /> 8. The Operator failed to comply with the conditions of permit number M- <br /> 2010-026. <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 34-32.5-110(1) and -116(4)(i)C.R.S. and <br /> permit number M-2010-026. • <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 (from the January 4, 2012 notice to <br /> inspection to the February 8, 2012 hearing) at $100 to $1,000 per day for a civil <br /> penalty of$3,400 to $34,000. <br /> 11. Pursuant to section 34-32.5-123(4), C.R.S., the Board may assess, in <br /> addition to any other civil penalties, a civil penalty in an amount not less than the <br /> amount necessary to cover costs incurred by the Division in investigating the <br /> K.W. Enterprises, LLC <br /> M-2010-026 <br /> MV-2012-008 2 <br />