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6. On January 31, 2024, 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 /> 7. 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) ("Act"). <br /> 8. 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 /> 9. Pursuant to section 34-32.5-124(2), C.R.S. the Board may issue a <br /> cease-and-desist order if it determines that a provision of the Act has been violated. <br /> The Operator failed to protect areas outside of the affected land from slides or <br /> damage occurring during the mining operation and reclamation, in violation of <br /> section 34-32.5-116(4)(i), C.R.S. <br /> 10. 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 34 days of violation (from date of the January 18, <br /> 2024, Reason to Believe a Violation Exists Letter to the February 21, 2024 Board <br /> meeting) at $100 to $1,000 per day for a civil penalty of$3,400 to $34,000. <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 Operator shall CEASE AND DESIST all further mining activities on the <br /> 0.5 acres of affected land outside the approved permit boundary, except those <br /> activities approved by the Division, in writing, 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 and the Board. <br /> The Board imposes the following CORRECTIVE ACTION against the Operator: <br /> the Operator shall submit an Amendment application to update the approved mining <br /> and reclamation plans and maps to account for all of the affected land within 90 days of <br />