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3. The Division's inspection report also informed Operator that the <br /> financial warranty for the site was inadequate and that an increase of$15,007 in <br /> the financial surety was required. <br /> 4. On July 24, 2023, the Division mailed a Reason to Believe a Violation <br /> Exists Letter to Operator which provided notice regarding the alleged violations <br /> and the October 18, 2023 hearing. <br /> 5. On August 4, 2023, the Division sent Operator a surety increase notice, <br /> which was due on October 3, 2023. <br /> 6. At the hearing, the Division presented testimony regarding the <br /> potential violations observed during its inspection. The Division presented <br /> testimony and evidence regarding the disturbed areas, the approved permit <br /> boundaries, and photos demonstrating that Operator had affected lands beyond the <br /> permit boundaries. <br /> 7. There was no appearance on behalf of the Operator. <br /> CONCLUSIONS OF LAW <br /> 8. 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. (2023) (the "Act"). <br /> 9. 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 /> 10. 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 conducting mining operations and <br /> disturbing land beyond the permit boundaries. <br /> 11. 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. (2023). <br /> 12. 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. (2023). Here, the Board may <br /> impose a penalty based on 80 days of violation, at $100 to $1,000 per day, for a civil <br /> penalty of$8,000 to $86,000. <br /> Chamberlain Concrete <br /> Falk Pit#1/M-2010-043 <br /> MV-2023-019 2 <br />