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The Boazd has jurisdiction over this matter pursuant to Sections 34-32.5-104, 34-32.5-105 <br />and 34-32,5-124 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, Section 34-32.5-101 et seq. C.R.S. (2006) ("Act"). <br />S. Section 34-32.5-116(4)(1) of the Act and Construction Materials Rule 3.1.5(3) require an <br />operator to protect all areas outside of the affected lands from slides or damage occurring <br />during the mining operation and reclamation. <br />6. Section 34-32.5-124(7) of the Act provides that any person who violates the Act shall be <br />subject to a civil penalty of not less than $100.00 per day nor more than $1,000.00 per day <br />for each day during which a violation occurs. <br />Section 34-32.5-124(2) of the Act provides that if the Boazd determines that any provision <br />of the Act or of any permit has been violated, it may issue a cease and desist order and set <br />forth corrective actions to be undertaken by the operator. <br />Because the evidence shows the Operator failed to protect all areas outside of the affected <br />lands from slides or damage occurring during the mining operation by disturbing land <br />outside of the approved boundaries, it is appropriate for the Board to find the Operator in <br />violation of Section 34-32.5-116(4)(1) of the Act and Rule 3.1.5(3). <br />9. Because the evidence shows the Operator violated Section 34-32.5-116(4)(1) of the Act and <br />Rule 3.1.5(3) by disturbing areas outside the approved permit boundary, it is appropriate for <br />the Boazd to assess civil penalties of not less than $100.00 per day nor more than $1,000.00 <br />per day for each day the land has been affected. It is reasonable to assess civil penalties <br />beginning on the date of the Division inspection (August 24, 2006) and continuing through <br />the Board's hearing date (October 18, 2006) for a total of 55 days. <br />Clyde Couch, M-1989-023 <br />