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Subsequently, the Operator notified the Division that he had installed the corrected <br />boundazy marks and the site was re-inspected in November. The inspector again noted a <br />disturbed azea several acres in size outside the approved permit azea. The Operator <br />surveyed the disturbed azea and reported that it consisted of 7.65 acres. <br />3. On November 26, 2003, the Division sent to the Operator a Reason to Believe a Violation <br />Exists letter. The letter stated that the Operator's activities violated parts of the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials ("Act"). The Operator <br />was notified that the possible violations would be considered at a Formal Public Hearing . <br />before the Boazd on January 20, 2004. <br />4. Section 34-32.5-109(1) of Act states: "Before engaging in a new operation, an operator <br />shall first obtain from the Board or Of&ce a reclamation permit pursuant to Section 34-32.5- <br />110, 34-32.5-11 or 34-32.5-112:' <br />5. Section 34-32.5-116(4)(1) of the Act states: "Areas outside of the affected land shall be <br />protected from slides or damage occurring during the mining operation and. reclamation." <br />6. Section 34-32.5-123(2) of the Act states: "An operator 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, not to exceed three <br />hundred sixty five days." <br />7. Section 34-32.5-123(4) of the Act states: "In addition to the civil penalties imposed in <br />subsections (2) and (3) of this section, the Boazd shall also assess a civil penalty in an <br />amount not less than the amount necessary to cover costs incurred by the Division in <br />investigating the alleged violation." <br />