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inspected the site on December 18, 2006. The Division inspector observed off-site <br />stockpiles of mined and processed materials on approximately two acres outside the permit <br />boundary within the 5.60 area proposed to be added by the technical revision. <br />3. On January 22, 2007, 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. In its letter, the <br />Division announced a date for a public hearing on the matter in front of the Boazd. <br />The Board has jurisdiction over this matter pursuant to Sections 34-32.5-104 and 34-32.5- <br />107 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />Section 34-32.5-101 et seq. C.R.S. (2006) ("Act"). <br />6. Section 34-32.5-116(4)(1) of the Act and Construction Materials Rule 3.1.5(3) require an <br />operator to protect all areas outside of the affected lands from slides or damage occurring <br />during the mining operation and reclamation. Construction Materials Rule 3.1.5(3) states <br />that grading must be done in a manner that protects areas outside the affected lands from <br />slides or other damage. <br />Section 34-32.5-124(7) of the Act provides that any person who violates the Act shall be <br />subject to a civil penalty of not less than $100.00 per day nor more than $1,000.00 per day <br />for each day during which a violation occurs. <br />8. 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 />9. Because the evidence shows the Operator failed to protect all azeas outside of the affected <br />lands from slides or damage occurring during the mining operation by stockpiling materials <br />Mesa Sandstone NOV <br />M-2006-009 <br />