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3. On April 22, 2004, the Division sent to the Operator a Reason to Believe a Violation Exists <br />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. <br />4. Section 34-32.5-116(4)(1) of the Act and Rule 3.1.5(3) of the Mineral Rules and Regulations <br />of the Colorado Mined Land Reclamation Board for the Extraction of Construction <br />Materials ("Rules") requires an operator to protect all areas outside of the affected lands <br />from slides or damage occurring during the mining operation and reclamation. <br />5. Section 34-32.5-124(7) provides that any person who violates the Act shall be subject to a <br />civil penalty of not less than $100.00 per day nor more than $1,000.00 per day for each day <br />during which a violation occurs. <br />6. 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 />Because the Operator failed to protect all areas outside of the affected lands from slides or <br />damage occurring during the mining operation by allowing stockpiled material to disturb <br />approximately 0.96 acres outside the approved permit boundaries, it is appropriate that the <br />Board find the Operator in violation of Section 34-32.5-116(4) and Rule 3.1.5(3). <br />8. Because the Operator violated Section 34-32.5-116(4) of the Act and Rule 3.1.5(3) by <br />disturbing areas outside the approved permit boundary, it is appropriate that the Board <br />assess civil penalties of not less than $100.00 per day nor more than $1,000.00 per day for <br />each day the land has been affected calculated from the date of inspection (April 14, 2004) <br />through the date of the Board hearing (July 28, 2004) or a total of 105 days. <br />