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5. On February 14, 2022, the Operator signed the consent agreement <br /> admitting the violation and agreed to the Division's recommendations to the Board. <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. (2021) ("Act"). <br /> 7. 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 /> 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 57 days of violation (from the date of the January 25, <br /> 2022 Reason to Believe a Violation Exists Letter to the March 23, 2022 Board <br /> meeting) at $100 to $1,000 per day for a civil penalty of$5,700 to$57,000. <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 Board imposes the following CORRECTIVE ACTIONS against the Operator: <br /> 1. The Operator must submit and receive approval for a 110 Construction <br /> Materials"Reclamation Only"application to permit and reclaim the disturbed area <br /> outside of the boundary approved for Permit No.M-2004-051. <br /> 2. The 110c application must be complete and filed within 30 days of the <br /> effective date of this Order and approved within statutory deadlines. <br /> The Board imposes a CIVIL PENALTY of$1000.00 per day of violation for a <br /> civil penalty amount of$57,000.00 with all but $6000 of the penalty suspended if <br /> the Operator complies with the corrective actions to the satisfaction of the Division <br /> within the required deadlines. The unsuspended portion of the civil penalties, <br /> $5,000, is due and payable within 30 days of the effective date of this Order. If the <br /> Aggregate Industries—WCR, Inc. <br /> M-2004-051 <br /> MV-2022-007 2 <br />