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Gulch. The approved mining and reclamation plan states that waste rock and fines will be <br />placed against the toe of a highwall. <br />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 />Section 34-32.5-116(1), C.R.S. (2004) of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials ("Act") requires an operator to perform reclamation <br />prescribed by the approved reclamation plan. <br />Section 34-32.5-124(7) of the Act authorizes the Boazd 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 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 />7. Because the Operator failed to follow the approved reclamation plan, it is appropriate for the <br />Boazd to find the Operator in violation of Section 34-32.5-116(1) of the Act. However, <br />because the Board has already ordered the Operator to submit a Section 112 Reclamation <br />Permit application coverins the entire site, it is appropriate to continue this matter until the <br />Board can determine compliance with that order. It is therefore appropriate for the Board to <br />