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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. The <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 36 days of violation, at $100 to $1,000 per day, for a civil <br /> penalty of$3,600 to $36,000. <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 failure to protect <br /> areas outside affected land from slides or damage occurring during mining or <br /> reclamation. <br /> Operator shall CEASE AND DESIST any further mining activities, except <br /> those approved in writing by the Division as necessary to comply with the <br /> conditions of a Board Order, prevent damage to off-site areas, or to protect public <br /> health and safety, until corrective actions have been resolved to the satisfaction of <br /> the Division. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTION, the Operator shall, within 90 days of the effective date of this Order, <br /> submit to the Division an amendment application to encompass all of the affected <br /> lands at the site and obtain approval within statutory deadlines. <br /> The Board imposes a CIVIL PENALTY of$3,600. All of the penalty is <br /> suspended if the Operator complies with the corrective actions within the time <br /> specified. If the Operator does not comply with the corrective action set forth in this <br /> Order, the suspended civil penalty, $3,600, will become due and payable. <br /> DONE AND ORDERED this_30_ day of April 2024. <br /> Tamrock Gravel LLC <br /> Shot Rock Pit/M-2012-023 <br /> MV-2024-009 3 <br />