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6. The Operator signed the Staff Summary Form for Consent Agenda <br /> Items on December 12, 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. (2024). <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 /> constructing roads leading to the pit outside of the approved permit and affected <br /> area boundaries. <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. 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$3,700 to $37,000 for 37 <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 an amendment application to update the approved mining <br /> and reclamation plans to account for all of the affected land. The Operator shall <br /> submit the amendment application withing 90 days of the effective date of this <br /> Order, with all materials in an approvable form within statutory deadlines. <br /> The Operator shall CEASE AND DESIST all further mining activities at the <br /> site except those activities approved by the Division until corrective actions have <br /> been resolved to the satisfaction of the Division and the Board. <br /> Las Animas County <br /> M-2012-010 <br /> MV-2025-002 2 <br />