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3. On October 29, 2004, the Division sent to the Operator a Reason to Believe a Violation <br />Exists letter in which the Division set forth the events described above and the reasons for <br />believing a violation existed, and announced a date for a public hearing on the matter in <br />front of the Board. The original hearing date was set for November 16, 2004 but the <br />Division became aware that the letter was incorrectly addressed. The letter was sent out <br />again, to the correct address, and the matter was rescheduled for the December Board <br />hearing. <br />4. Section 34-32.5-116(4)(h), C.R.S. (2004) of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials ("Act") and Rule 3. L6 of the Construction Materials <br />Rules ("Rules") require an operator to minimize disturbances to the hydrologic balance of <br />the affected land of surrounding land. <br />5. Section 34-32.5-124(7) of the Act authorizes the Board to assess civil penalties of not less <br />than $100.00 per day, nor more than $1,000.00 per day for each day during which a <br />violation occurs. <br />6. Section 34-32.5-124(2) of the Act provides that if the Board 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 />7. Because the Operator failed to minimize disturbances to the hydrologic balance of the <br />affected land and of the surrounding area by placing a waste pile within Taylor Gulch, it is <br />appropriate for the Boazd to find the Operator in violation of Section 34-32.5-116(4)(h) of <br />the Act and Rule 3.1.6. <br />8. Because the Operator failed to minimize disturbances to the hydrologic balance of the <br />affected lands, it is appropriate for the Boazd to assess civil penalties of not less than <br />