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spoil piles and product storage areas. Therefore, the waste pile and product storage areas are affected <br />lands, and must be permitted as part of the mining operation. <br />C.R.S. § 34-32.5-116(4)(1) requires operators to protect areas outside of the affected land in their pernut <br />aeeas from any damage during mining or reclamation. <br />8. The Respondent is not authorized to conduct mining operations on the areas affected by the waste pile and <br />product storage pile. The Respondent violated C.R.S. § 34-32.5-116(4)(1) by constructing a staging area <br />for material storage and for stockpiling rock waste outside of the area authorized to be affected by this <br />mining operation. <br />9. The Division slates chat this violation occurred for forty-one days. The Respondent does not contest this <br />conclusion. <br />10. Since there is minimal damage caused by this violation and the areas affected by the violation aze on the <br />Respondent's own property, the minimum penalty is appropriate. <br />