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6. The Operator signed the Staff Summary Form for Consent Agenda <br /> Items on March 11, 2024, agreeing to the Division's proposal and admitting the <br /> violation. <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). <br /> 8. Section 34-32.5-109(1), C.R.S., requires operators to obtain a <br /> reclamation permit before engaging in a new mining operation. By affecting 2.8 <br /> acres beyond the approved permit boundary, Operator has engaged in a new <br /> mining operation without first obtaining a reclamation permit. <br /> 9. Section 34-32.5-116(4)(i), C.R.S., requires operators to protect areas <br /> outside the affected land from slides or damage occurring during the mining <br /> operation. Operator has failed to protect areas outside the affected land by <br /> extending the pit west of the approved permit boundaries. <br /> 10. 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 34-32.5-109(1) and 34-32.5-116(4)(i), C.R.S. <br /> 11. 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. Here, the Board may assess a civil penalty of$5,100 to $51,000 for 51 <br /> days of violation. <br /> ORDER <br /> The Board finds the Operator in violation of section 34-32.5-109(1), C.R.S., for <br /> failure to obtain a reclamation permit prior to engaging in a new mining operation <br /> and section 34-32.5-116(4), C.R.S. for failure to protect areas outside of the affected <br /> land from slides or damage occurring during the mining operation. <br /> The Operator shall CEASE AND DESIST all activities within the 2.8 acres of <br /> affected land beyond the approved affected area boundary, except those activities <br /> approved by the Division, in writing, as necessary to comply with the conditions of a <br /> Board Order, prevent damage to off-site areas, complete reclamation, or to protect <br /> public health and safety, until the corrective action has been resolved to the <br /> satisfaction of the Division. <br /> Langston Concrete, Inc. <br /> M-1992-051 <br /> MV-2024-004 2 <br />