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was also covered in some places by waste fines and stockpiles. Topsoil was not salvaged <br />in and around the highwall, and topsoil was observed falling into the pit in two locations, <br />on the north and south highwalls. <br />On October 29, 2004, the Division sent to the Operator a Reason to Believe a V iolation <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 />Section 34-32.5-116(4)(g), C.R.S. (2004) of the Colorado Land Reclamation Act far the <br />Extraction of Construction Materials ("Act") and Construction Materials Rule 3.1.9(1) <br />require topsoil to be removed and segregated from other spoils where, as here, overburden <br />must be removed to mine the construction material. Topsoil must be preserved from wind <br />and water erosion, must remain free of contamination and must be in a useable condition for <br />sustaining vegetation during reclamation. <br />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 />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 />