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and providing details regarding a hearing on this matter scheduled for March 19- <br /> 20, 2025. <br /> 4. At the hearing, the Division presented testimony regarding the <br /> potential violations observed during its inspections. The Division presented <br /> testimony and evidence regarding the disturbed areas, the approved permit <br /> boundaries, and photos demonstrating that Operator had affected lands beyond the <br /> permit boundaries. <br /> 5. The Operator presented testimony regarding the site, stating that it <br /> had taken over the operation a year ago and that it was in the process of buying the <br /> land. The Operator is working on a permit application to include all 45 acres of land <br /> on the parcel. The Operator stated that it understands that the application will <br /> need to cover all lands that are currently affected, including those outside the <br /> current boundary, and provide for future reclamation of all affected lands. <br /> CONCLUSIONS OF LAW <br /> 6. 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) (the "Act"). <br /> 7. The Operator is engaged in a "mining operation" as that term is <br /> defined in section 34-32.5-103(13), C.R.S. <br /> 8. Section 34-32.5-116(4)(1) requires that operators protect areas outside <br /> affected land from slides or damage occurring during mining or reclamation. The <br /> Operator violated section 34-32.5-116(4)(1) by conducting mining operations and <br /> disturbing land beyond the permit boundaries. <br /> 9. Based on its determination that Operator violated provisions of the Act, <br /> the Board may issue a cease-and-desist order and include the nature of any required <br /> corrective actions. § 34-32.5-124(2), C.R.S. (2024). <br /> 10. The Board may impose a civil penalty of not less than $100 per day or <br /> more than $1,000 per day for each day during which a violation of a mining <br /> operation permit occurs. § 34-32.5-124(7), C.R.S. (2024). Here, the Board may <br /> impose a penalty based on 43 days of violation, at $100 to $1,000 per day, for a civil <br /> penalty of$4,300 to $43,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-116(4)(i), C.R.S., for failure to protect <br /> Colorado Quarry I, LLC <br /> Meadow Hollow Quarry/M-2009-006 <br /> MV-2025-004 2 <br />