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3. The Division sent to the Operator a Reason to Believe a Violation Exists letter in which the <br />Division set forth the events described above and announced a date for a public hearing on <br />the matter in front of the Boazd. <br />4. Section 34-32.5-116(1) of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Section 34-32.5-101 et seq. C.R.S. (2005) ("Act"), requires an <br />operator to perform such reclamation as is prescribed in the operator's reclamation plan. <br />Section 34-32.5-124(7) of the Aci states that any person who violates any provision of a <br />permit "shall be subject to a civil penalty of not less than one hundred dollars per day nor <br />more than one thousand dollazs per day for each day during which a violation occurs," <br />6. 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 />7. Because the evidence shows the Operator installed a slurry wall azound a portion of the <br />permitted acreage without first obtaining the Division's approval, the Operator failed to <br />perform reclamation as set forth in the Operator's reclamation plan in violation of Section <br />34-32.5-I 16 of the Act. <br />8. Because the evidence shows the Operator violated the Act, it is appropriate for the Board to <br />require the Operator to pay civic penalties of no Less than $100.00 per day nor more than <br />$1,000.00 per day for each day of violations pursuant to Section 34-32.5-124(7) of the Act. <br />The fine should be calculated based on 26 days of violations, beginning March 8, 2006 (the <br />date of the inspection and meeting with the Operator and the Division) and continuing <br />through the hearing date. <br />Albert Frei & Sons <br />M-1977-52fi <br />