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identified in previous permit documents, submit a revised mining plan and update the <br />reclamation bond. <br />3. After reviewing the inspection report, the Operator met with the Division on February 2, <br />2006 and self-reported a potential violation for mining outside of the approved permit <br />boundaries. At that point, the Division inspected its records and discovered that the <br />permitted acreage consisted of 6.663 acres, not 9.9 acres. <br />4. On February 13, 2006, 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. The Division <br />agreed with the Operator that there existed a potential violation for mining outside of the <br />approved boundaries, and announced a date for a public hearing on the matter in front of <br />the Boazd. <br />5. Section 34-32.5-116(4)(1) of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Section 34-32.5-101 et seq. C.R.S. (2005) ("Act") requires an <br />operator to protect all azeas 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 />8. Because the evidence shows the Operator failed to protect all areas outside of the affected <br />lands from slides or damage occumng during the mining operation by allowing mining <br />Aspen Enterprises NOV <br />February 16, 2006 <br />