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ssoctated with the installation of the siurry wall might have occurred within 200 feet of <br />occupied dwellings. -The disturbance encompassed approximately six acres. <br />3. On January 5, 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 it <br />believed violations exist, and announced a date for a public hearing on the matter in front <br />of the Board. <br />4. Section 34-32.5-109(1), C.R.S. (2003) of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials ("Act") requires an operator to obtain from the Boad <br />or Division a reclamation permit prior to engaging in a new mining operation. <br />S. Section 34-32.5-123(1) of the Act provides that if an operator fails to obtain a permit the <br />Board may issue an immediate cease and desist order. <br />6. Section 34-32.5-123(2) of the Act states that a person who operates without a permit shall <br />be subject to a civil penalty of not less than one thousand dollars per day nor more than five <br />thousand dollazs per day for each day the land has been affected. <br />7. Because the Operator is working under contract to another entity, Denver Water, which <br />requested the installation of the slurry wall and which currently holds a permit for activities <br />adjacent to the site, it is inappropriate to penalize the Operator. It is therefore appropriate to <br />dismiss the Operator from this proceeding without finding a violation, issuing a fine or <br />issuing a cease and desist order. <br />