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6. The Operator signed the Staff Summary Form for Consent Agenda <br /> Items on August 31, 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 /> clearing an area for processing north 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$8,200 to $82,000 for 82 <br /> days of violation. <br /> ORDER <br /> The Board finds the Operator in violation of section 34-32.5-116(4), C.R.S. for <br /> failure to protect areas outside of the affected land from slides or damage occurring <br /> during the mining operation. <br /> The Operator shall complete the following CORRECTIVE ACTION: the <br /> Operator must submit a 112c amendment application, complete for filing purposes, <br /> that shall, at minimum, include all affected acreage to date associated with the <br /> disturbance outside the permit area. The Operator shall submit the amendment <br /> application withing 30 days of the effective date of this Order and obtain Division <br /> approval of the application within statutory deadlines. <br /> The Board imposes a CIVIL PENALTY of$8,200, with all but $820 suspended <br /> if the Operator complies with the Corrective Action to the Division's satisfaction <br /> within the required deadlines. The unsuspended portion of the civil penalties, $820, <br /> is due and payable within 30 days of the effective date of this Order. Should the <br /> Operator fail to comply with the requirements and deadlines of this Order, the <br /> suspended portion of the civil penalties shall be due and payable. <br /> DONE AND ORDERED this 18 day of November 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Smith's Materials, LLC. <br /> M-2001-001 <br /> MV-2024-019 2 <br />