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and providing details regarding a hearing on this matter scheduled for the Board's <br /> March 20, 2024 meeting. <br /> 6. On February 22, 2024, Operator and Division staff met to discuss the <br /> violation and requirements to bring the site into compliance with the permit. <br /> 7. On March 7, 2024, the Operator, through Mr. Carson, submitted a <br /> surety bond of$294,815, as requested by the Division. <br /> 8. On March 11, 2024, the Division provided Operator a Staff Summary <br /> Form for Consent Agenda Item outlining the alleged violations and the Division's <br /> recommendations to the Board for resolving the matter. <br /> 9. The Operator signed the consent agreement, admitting the violations <br /> and agreeing to the Division's recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 10. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials (the "Act"), <br /> Article 32.5 of Title 34, C.R.S. (2023). <br /> 11. Section 34-32.5-124, C.R.S., requires operators to comply with the <br /> Act, the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <br /> Board for the Extraction of Construction Materials (the "Rules"), and their <br /> permits. Operator's approved mining plan requires concurrent reclamation in 5- <br /> acre stages. Operator has affected approximately 22 acres of land has not <br /> conducted concurrent reclamation as required by its mining plan. <br /> 12. Section 34-32.5-116(4)(g) and Rule 3.1.9 require operators to remove <br /> and segregate topsoil from overburden, stockpile it, and ensure that it is in useable <br /> condition for reclamation. Operator violated these provisions by failing to <br /> segregate topsoil and preserve it for use in reclamation. <br /> 13. 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 any provision of the Act was violated. <br /> The Operator violated sections 34-32.5-116(4)(i) and 34-32.5-124, C.R.S. <br /> 14. Section 34-32.5-124(7), C.R.S. provides for a civil penalty of not less <br /> than $100 per day nor more than $1,000 per day for each day during which an <br /> operator violates or fails to comply with the conditions of an order, permit, or <br /> regulation. By failing to conduct concurrent reclamation as required by its mining <br /> plan and by failing to salvage and segregate topsoil for use in reclamation, Operator <br /> violated its permit, the Act, and the Rules. The Board may impose a penalty <br /> against the Operator based on 58 days of violation at $100 to $1,000 per day for a <br /> civil penalty of$5,800 to $58,000. <br /> 5A Aggregate LLC. <br /> M-1988-090 <br /> MV-2024-006 2 <br />