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8. C.R.S. § 34-32.5-116(4)(1) requires that the Respondent protect areas outside of the <br />affected land from slides or damage occurring during mining or reclamation <br />operations. <br />9. The Respondent violated C.R.S. § 34-32.5-116(4)(1) by failing to abide by the slope <br />gradient established to protect azeas outside of the affected land from slides occurring <br />during mining. <br />10. C.R.S. § 34-32.5-124(7) authorizes the Board to assess a penalty of up to $1,000.00 <br />per day for each day during which the violation occurred. <br />11. This violation did not result in any off-site damage. Therefore, a penalty of $100.00 <br />for twenty-three days of violation is appropriate. <br />12. A cease and desist order is appropriate to abate the violation. The Respondent must <br />backfill all perimeter slopes to a minimum gradient of 1.5:1 or flatter and maintain <br />such slopes throughout the life of the mining and reclamation operation, or submit an <br />application for a technical revision to the permit that demonstrates that the existing <br />slopes are stable until a clay liner is properly installed. <br />Overburden Stockpile <br />13. During the March 4"' inspection, the Division found that the Respondent has <br />stockpiled overburden outside of the area approved for mining operations. The area <br />in question is approximately five acres in size and lies immediately adjacent to the <br />permit area. The Division issued the Respondent a notice of violation for damaging <br />an area outside of the permitted affected land in violation of C.R.S. § 34-32.5- <br />116(4)(1). <br />