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approved permit boundaries, failure to minimize hydrologic impacts to the hydrologic <br />balance, and failure to salvage and segregate topsoil. In four separate orders, the Boazd <br />assessed civil penalties, issued a cease and desist order preventing ftuther mining activities <br />outside of the permitted boundaries and ordered the Operator to undertake corrective actions <br />within 180 days of the signed Board orders. The Boazd orders were signed on January 21, <br />2005, which gave the Operator until July 20, 2005 to comply. <br />4. On June 14, 2005, the Operator requested from the Board, and received, an extension to <br />obtain a Section 112 reclamation permit for the entire site by November I7, 2005. On <br />November 17, 2005, the Operator requested from the Board, and received, an extension to <br />April I, 2006 to convert its Section 110 permit into a Section 112 permit. <br />On October 4, 2005, a Division inspector conducted an inspection of the site and observed <br />that boulders had been rolled down the waste dump and had overridden the silt fence at the <br />bottom of the waste dump. The berth at the top of the waste dump was not maintained as <br />required by the temporary sediment control plan initiated by the Operator and approved by <br />the Division in order to lessen sedimentation in Taylor Gulch. A rainstorm had eroded fines <br />in the waste rock dump off the dump face and over the silt fence and into the drainage west <br />of Taylor Gulch. <br />6. Section 34-32.5-116(4)(1) of the Act requires operators to implement reclamation plans in a <br />way that protects aeeas outside of the affected lands from damage during mining and <br />reclamation. Construction Materials Rule 3.1.5(3) requires the operator to take measures to <br />meet the requirement that all grading shall be done in a manner to control erosion and <br />siltation in the affected lands, to protect areas outside the affected lands from slides and <br />other damage and to stabilize all highwalls. <br />Colo. Marble Feb. 06 I, M-1987-028 <br />