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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. (2019) ("Act"). <br /> 6. Section 34-32.5-116(4)(i), C.R.S. requires operators to protect areas <br /> outside of the affected land from slides or damage occurring during the mining <br /> operation and reclamation. By conducting mining operations outside the permitted <br /> boundary, the Operator affected land outside the approved affected area during the <br /> mining operation, in violation of section 34-32.5-116(4)(i), C.R.S. <br /> 7. 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 a provision of the Act has been violated. The <br /> Operator failed to protect areas outside of the affected land from slides or damage <br /> occurring during the mining operation and reclamation, in violation of section 34- <br /> 32.5-116(4)(i), C.R.S. <br /> 8. 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 permit violation occurs. The Board may impose a civil penalty <br /> against the Operator based on 70 days of violation (from the date of the August 14, <br /> 2019 inspection to the October 23, 2019 Board meeting) at $100 to $1,000 per day for <br /> a civil penalty of$7,000 to $70,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-116(4)(i),C.R.S. for failing to protect <br /> areas outside the affected land from slides or damage occurring during the mining <br /> operation or reclamation. <br /> The Operator shall CEASE AND DESIST all further mining activities at the <br /> site except those activities approved by the Division until corrective actions have <br /> been resolved to the satisfaction of the Division and the Board. <br /> The Board imposes the following CORRECTIVE ACTION against the Operator: <br /> the Operator shall submit to the Division a new, reclamation only, 110c permit <br /> application to include the affected lands outside of the approved permit boundary. The <br /> Operator shall submit the new permit application within 90 days of the mailing date of <br /> the Board Order, with all material in an approvable form within 180 days of the mailing <br /> date of the Board Order. <br /> Washington County <br /> M-2000-084 <br /> MV-2019-029 2 <br />