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7. Section 34-32.5-116(4)(j) of the Act requires operators to implement reclamation plans in a <br />way that stabilizes and protects all surface azeas of the affected lands to control erosion. <br />8. Section 34-32.5-124(6)(a) of the Act states that the Board may suspend, modify or revoke a <br />permit if, following a hearing, the Boazd determines that a violation of a permit provision <br />has occurred. <br />9. Section 34-32.5-124(7) of the Act states that persons who violate a permit provision 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 />10. Based on the Division's recommendation, it is appropriate for the Boazd to find a violation <br />of Sections 34-32.5-116(4)(1) and (j) and Construction Materials Rule 3.1.5(3) for violating <br />a permit provision, specifically for failing to protect azeas outside of the affected lands from <br />slides and damage and failing to stabilize affected lands to control erosion. The Boazd has <br />already suspended the Operator's permit. <br />11. Based on the Division's recommendation, it is appropriate for the Board to assess civil <br />penalties against the Operator in the amount of $1,000.00 per day for 43 days, calculated <br />beginning October 4, 2005 (the date of the site inspection) through November 16, 2005 (the <br />first available hearing date). It is appropriate to take into account that the Operator has <br />submitted a conversion application to the Division, as requested in prior Board orders, and <br />has posted a bond in the amount of $282,000.00, as requested in prior Board orders. It is <br />appropriate to suspend a certain portion of the civil penalties if the Operator complies with <br />Board-ordered corrective action in a timely manner. If the Boazd determines that civil <br />penalties already assessed against the Operator for violations of the Operator's permit aze <br />adequate, it is appropriate to decline to assess additional civil penalties. <br />Colo. Marble Feb. 06 I, M-1987-028 <br />