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3. On June 9 and 10, 2004, the Division sent to the Operator and the Contractor Reason to <br />Believe a Violation Exists letters in which the Division set forth the events described <br />above and the reasons for believing violations exist, and announced a date for a public <br />hearing on the matter in front of the Boazd. <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 a reclamation <br />permit prior to engaging in a new mining operation. <br />5. Section 34-32.5-116(4)(1) of the Act requires an operator to protect all areas outside of the <br />affected lands from slides or damage occumng during the mining operation and <br />reclamation. <br />Section 34-32.5-123 of the Act provides that any person who operates a mine without first <br />obtaining a permit shall be subject to a civil penalty of not less than $1,000.00 per day nor <br />more than $5,000.00 per day for each day the land has been affected. In addition, Section <br />34-32.5-123 of the Act authorizes the Board to assess civil penalties in an amount necessary <br />to cover costs incurred by the Division in investigating an alleged violation. <br />Section 34-32.5-124(7) provides that any person who violates the Act shall be subject to a <br />civil penalty of not less than $100.00 per day nor more than $1,000.00 per day for each day <br />during which a 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 />