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impoundment, embankment, or slope that poses a reasonable potential for danger to <br /> persons or property. By failing to notify the Division of the failure of the process pond <br /> impoundment, the Operator violated section 34-32.5-121(2), C.R.S. <br /> 18. Section 34-32.5-116(4)(i) requires that operators protect areas outside affected <br /> land from slides or damage occurring during mining or reclamation. Operator violated <br /> section 34-32.5-116(4)(i) by stockpiling sediment fines outside the permitted boundary. <br /> 19. Section 34-32.5-124(1), C.R.S. requires compliance with Board orders, permits, <br /> and regulations. Operator violated its permit, specifically the performance warranty, which <br /> requires compliance with the Act, by violating the provisions of the Act describe above. <br /> Accordingly, the Operator has violated section 34-32.5-124(1), C.R.S. <br /> 20. Based on its determination that Operator violated provisions of the Act, the <br /> Board may issue a cease-and-desist order and include the nature of any required corrective <br /> actions. § 34-32.5-124(2), C.R.S. (2019). <br /> 21. The Board may impose a civil penalty of not less than $100 per day or more <br /> than $1,000 per day for each day during which a violation of a mining operation permit <br /> occurs. § 34-32.5-124(7), C.R.S. (2019). Here, the Board may impose a penalty based on 41 <br /> days of violation, at $100 to $1,000 per day, for a civil penalty of$4,100 to $41,000. <br /> ORDER <br /> Gillette Sand and Gravel, Inc., <br /> Gillette Pit/M-1992-009 <br /> MV-2019-033 3 <br />