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~ 5 - <br />and srockpiiing topsoil, excavatine a large depression and exporting the material from the <br />depression to another permitted site, constructing a small slurry pond within the <br />depression, and installing a slurry wall on one side of the disturbed area. The inspector <br />noted that activities associated with the installation of the slurry wall might have occurred <br />within 200 feet of occupied dwellings. The site disturbance encompassed approximately <br />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 announced a <br />date for a public hearing on the matter in front 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 Board <br />or Division a reclamation permit prior to engaging in a new mining operation. "Mining <br />operation" is defined under the Act as the "development or extraction of construction <br />material from its natural occurrences on affected.land." Section 34-32.5-103(13). "Affected <br />land" is in tum defined as the surface of an area "where a mining operation is being or will <br />be conducted, which surface is disturbed as a result of an operation." Section 34-32.5- <br />103(1). <br />5. Section 34-32.5-123(1) of the Act provides that if an operator fails to obtain a valid permit <br />the 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 dollars per day for each day the land has been affected. Section 34-32.5-123(4) of <br />