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4. On October 26, 2009 the Division sent the Operator a Reason to Believe a <br />Violation Exists letter detailing the alleged violation and providing notice regarding the <br />December 9, 2009 Board hearing. <br />5. On December 3, 2009 the Operator submitted a permit amendment to include <br />the access road segment in the permit. <br />6. On December 4, 2009 the Division called the amendment application complete <br />for review. <br />7. At the hearing, the Operator's representative admitted the violation and <br />apologized. The Operator is implementing a plan to improve communication with field <br />personnel. <br />CONCLUSIONS OF LAW <br />8. 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. (2009) ("Act"). <br />9. Section 34-32.5-116(4)(1), C.R.S., states that "areas outside of the affected <br />land shall be protected from slides or damage occurring during the mining operation and <br />reclamation." Rule 3.1.5(3) of the Mineral Rules and Regulations of the Colorado Mined <br />Land Reclamation Board for the Extraction of Construction Materials ("Construction Rules") <br />also requires an operator to protect areas outside of the affected land from slides and other <br />damage. Here, the Operator constructed an access road that is outside of the approved permit <br />area and not included in its approved mine plan. Therefore, the Operator damaged land <br />outside of the affected land. This is considered a failure to protect areas outside of the <br />affected land from slides or damage and is in violation of § 34-32.5-116(4)(1), C.R.S., and <br />Construction Rule 3.1.5(3). <br />10. 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 50 days of violation (from the October 20 <br />inspection date to the December 9, 2009 hearing date) at $100 to $1,000 per day for a civil <br />penalty range of $5,000 to $50,000. <br />11. 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 the Act was violated. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />finds the Operator in violation of § 34-32.5-116(4)(i),C.R.S., and Construction Rule 3.1.5(3) <br />for failing to protect areas outside the affected land from slides or damage occurring during <br />the mining operation. <br />Moffat County <br />Powder Wash #66 Pit, M-2005-006 <br />MV-2009-041