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6. The Operator signed the Staff Summary Form for Consent Agenda <br /> Items on August 26, 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 34-32.5-116(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 /> installing an underdrain west of the approved permit boundaries. <br /> 9. 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$4,300 to $43,000 for 43 <br /> days of violation. <br /> ORDER <br /> The Board finds the Operator in violation of section 34-32.5-116(4)(i), C.R.S. <br /> for failure to protect areas outside of the affected land from slides or damage <br /> occurring during the mining operation. <br /> The Operator shall complete the following CORRECTIVE ACTION: the <br /> Operator must submit an amendment application to update the approved mining <br /> and reclamation maps and plans as well as the hydrologic evaluation for the site to <br /> address the newly installed underdrain and the associated permit boundary <br /> extension. The Operator shall submit the amendment application withing 90 days <br /> of the effective date of this Order, with all materials in an approvable form within <br /> statutory deadlines. <br /> The Board imposes a CIVIL PENALTY of$4,300, with all but $1,000 <br /> suspended if the Operator complies with the Corrective Action to the Division's <br /> satisfaction within the required deadlines. The unsuspended portion of the civil <br /> penalties, $1,000, is due and payable within 30 days of the effective date of this <br /> Order. Should the Operator fail to comply with the requirements and deadlines of <br /> this Order, the suspended portion of the civil penalties, $3,300, shall be due and <br /> payable. <br /> L.G. Everist, Inc. <br /> M-2020-007 <br /> MV-2024-016 2 <br />