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submitted to the Division. Aerial photos from before the slide (dating back to the early <br />2000s) show a fan of granitic spoils near the head scarp of the slide. The granite material <br />was scraped off an adjacent weathered granite area and pushed onto the slope. <br />CONCLUSIONS OF LAW <br />15. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 through <br />107, and 124 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, §§ 34-32.5-101 through 125, C.R.S. (2008) ("Act"). <br />16. Pursuant to § 34-32.5-124, C.R.S., the Board may find a violation if an <br />operator fails to comply with the conditions of a permit. Here, the Operator failed to comply <br />with Condition #1 of Amendment #2 to permit number M-1977-211. The Operator failed to <br />provide the Division with a geo-technical report when the granite was exposed and mined as <br />required by Condition #l. Therefore, the Operator is in violation of § 34-32.5-124, C.R.S. <br />17. Section 34-32.5-124 (7), C.R.S., provides for a civil penalty of not less than <br />$100 per day nor more than $1,000 per day for each day during which the violation occurs. <br />Here, the Board may impose a penalty based on 42 days of violation (from the date the <br />Inspection Report and Notice of Violation was sent on February 26, 2009 to the first <br />scheduled hearing date on April 8, 2009) at $100 to $1,000 per day for a civil penalty of <br />$4,200 to $42,000. <br />18. Pursuant to § 34-32.5-124(2), C.R.S., the Board may also issue a Cease and <br />Desist Order if it determines that any provision of Article 32.5 of the Act was violated. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />finds that the Operator violated § 34-32.5-124, C.R.S., for failing to provide the report <br />required by Condition #1, Amendment #2, approved May 8, 2001. The Operator is ordered <br />to cease and desist from conducting any further mining with the exception of a portion of the <br />land for loading material previously mined. This Cease and Desist Order is in effect until <br />May 13, 2010. The Operator shall provide the report required by Condition # 1 of <br />Amendment #2 by June 30, 2009. <br />The Board imposes a civil penalty of $100 per day for 42 days for a total penalty of <br />$4,200. All of the penalty is suspended if the Operator provides the report to the Division by <br />June 30, 2009. <br />e-- <br />DONE AND ORDERED this le?,) day of -f a zt-e , 2009. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />Continental Materials <br />Pike View Quarry, M-1977-211 <br />MV-2009-013 <br />4