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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. (2018). <br />7. Under section 34-32.5-116(4)(i) C.R.S., operators are required to <br />protect areas outside of the affected land from slides or damages occurring during <br />the mining operation. Operator violated section 34-32.5.116(4)(i) by failing to <br />protect areas outside the permitted area from damage from its mining operations. <br />8. Where the Board determines that any portion of the Act has been <br />violated, it may issue a cease-and-desist order. § 32.5-124(2), C.R.S. By violating <br />section 34-32.5-116(4)(1), Operator is subject to a cease-and-desist order. <br />9. Pursuant to section 34-32.5-124(7), C.R.S. the Board may impose a civil <br />penalty of not less than $100 per day nor more than $1000 per day for each day <br />during which a permit violation occurs. The Board may impose a civil penalty <br />against the Operator based on 48 days of violation (from the April 4, 2019 Reason to <br />Believe a Violation Occurred letter to the May 22, 2019 Board meeting) at $100 to <br />$1,000 per day for a civil penalty of $4,800 to $48,000. <br />ORDER <br />The Board finds the Operator in violation pursuant to section 34-32.5- <br />116(4)(i), C.R.S. for failing to protect areas outside of the affected land from slides or <br />damages occurring the mining operation. <br />Operator shall CEASE AND DESIST any further mining activities at the site <br />except as approved by the Division in writing, as necessary to comply with the <br />conditions of this Order, prevent damage to off-site areas, or to protect public health <br />and safety, until the corrective action set forth in this Order has been resolved to <br />the satisfaction of the Division and the Board. <br />The Board imposes the following CORRECTIVE ACTION against the <br />Operator: Operator shall, within ninety days of the effective date of this order, <br />submit to the Division a permit amendment application, complete for filing <br />purposes, to increase the size of the permitted boundary to include, at minimum, <br />the affected lands outside the currently approved permit boundary. <br />The Board imposes a CIVIL PENALTY for 48 days of violation at $100 per day <br />for a total civil penalty of $4,800.00. All but $500 of the penalty is suspended if the <br />Operator complies with the corrective action in the time specified. The portion of the <br />civil penalty not suspended ($500) shall be due and payable within 30 days of the <br />effective date of this Order. Failure to timely complete the corrective action set forth <br />Bestway Concrete and Aggregate. <br />M-2002-120 <br />MV -2019-012 <br />2 <br />