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The Boazd has jurisdiction over this matter pursuant to Sections 34-32.5-104, 34-32.5-105 <br />and 34-32.5-124 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, Section 34-32.5-101 et seq. C.R.S. (2005) ("Act"). <br />4. On October 31, 2005, 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 and the reasons for <br />believing a violation existed, and announced a date for a public hearing on the matter in <br />front of the Board. The hearing was originally scheduled for the January 11, 2006 Board <br />meeting but the hearing was delayed because a Division emgloyee was unavailable on that <br />hearing date. <br />5. Section 34-32.5-116(4)(1) of the Act requires an operator to protect all azeas outside of the <br />affected lands from slides or damage occumng during the mining operation and <br />reclamation. <br />6. 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 />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 />8. Because the Operator failed to protect all azeas outside of the affected lands from slides or <br />damage occurring during the mining operation, it is appropriate for the Board to find the <br />Operator in violation of Section 34-32.5-116(4)(1). <br />9. Because the Operator violated Section 34-32.5-116(4)(1) of the Act by disturbing areas <br />outside the approved permit boundary, it is appropriate for the Boazd to assess civil penalties <br />Colorado Quarries, Inc. M-1987-027 <br />