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3. The site's mine plan shows only one road accessing the site, the road heading <br />west. The other two roads are not included in the mining and reclamation plan and make up <br />about .31-acres of disturbance. <br />4. The Division also observed that the Operator has disturbed .41-acres of land <br />outside of the eastern permit boundary. <br />5. The total disturbed acreage outside of the permit boundary is .72 acres. <br />6. On October 28, 2009 the Division sent the Operator an Inspection Report and <br />a Reason to Believe a Violation Exists letter to the Operator. The Division's letter provided <br />the Operator notice regarding the alleged violations and information about the December 9, <br />2009 hearing. <br />CONCLUSIONS OF LAW <br />7. 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 />8. 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." Section 34-32.5-103(1), C.R.S., defines "affected land" as meaning "the <br />surface of an area ... where a mining operation is being or will be conducted, which surface <br />is disturbed as a result of an operation." Here, the Operator improved two additional roads to <br />access the mining operation. This resulted in a disturbance outside of the approved permit <br />boundary. Also, the Operator's mining operation has disturbed land outside of the eastern <br />permit boundary. Therefore, the Operator has damaged land outside of the affected land. <br />This is considered a failure to protect areas outside of the affected land from slides or <br />damage and is in violation of § 34-32.5-116(4)(1), C.R.S. <br />9. 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 must impose a penalty based on 51 days of violation (from the October 19 <br />inspection date to the December 9, 2009 Hearing date) at $100 to $1,000 per day for a civil <br />penalty of $5,100 to $51,000. <br />10. 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., for failing to protect areas <br />outside the affected land from slides or damage occurring during the mining operation. <br />The Board imposes against the Operator the following corrective action: the Operator <br />shall submit a conversion application to increase the permit area to encompass the entire area <br />Kiowa County <br />Peters Pit, M-1991-078 <br />MV-2009-037 2