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beyond the permit boundaries, including overburden stockpiles and equipment <br /> storage. <br /> 3. On August 10, 2021, the Division mailed a Reason to Believe a <br /> Violation Exists Letter to Operator, providing notice of an alleged violation and <br /> providing notice the matter would be heard at the Board's September 22, 2021 <br /> meeting. <br /> 4. At the hearing, the Division presented testimony regarding the <br /> potential violation observed during its inspection, including the extent and nature <br /> of the off-site disturbances. The Division also provided testimony regarding its <br /> efforts to contact Operator regarding the hearing. The Division provided Operator <br /> with several notices regarding the hearing and details on how to join the video <br /> conference meeting, both in the August 10, 2021 Reason to Believe a Violation <br /> Exists Letter and in subsequent communications. <br /> 5. Operator did not present any testimony or submit any evidence. <br /> 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. (2020) (the "Act"). <br /> 7. The Operator is engaged in a"mining operation" as that term is <br /> defined in section 34-32.5-103(13), C.R.S. <br /> 8. 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 stockpiling overburden, storing <br /> equipment, and disturbing land outside the permitted boundary. <br /> 9. Based on its determination that Operator violated provisions of the Act, <br /> the Board may issue a cease-and-desist order and include the nature of any required <br /> corrective actions. § 34-32.5-124(2), C.R.S. (2020). <br /> 10. 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. (2020). Here, the Board may <br /> impose a penalty based on 43 days of violation, at $100 to $1,000 per day, for a civil <br /> penalty of$4,300 to $43,000. <br /> HCR High Country Repair, <br /> Ghost River Gravel Pit/M-2003-002 <br /> W-2021-016 2 <br />