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CONCLUSIONS OF LAW <br />5. 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 />6. 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." The definition includes storage, and equipment, <br />tools, or other materials that result from or are used in such operations. Here, the Operator <br />constructed an unpermitted processing area containing a sandstone saw and a storage <br />container. This resulted in a disturbance outside of the approved permit boundary. <br />Therefore, the Operator has damaged land outside of the affected land. This is considered a <br />failure to protect areas outside of the affected land from slides or damage and is in violation <br />of § 34-32.5-116(4)(i), C.R.S. <br />7. 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 41 days of violation (from the June 1, 2010 <br />inspection date to the July 12, 2010 hearing date) at $100 to $1,000 per day for a civil <br />penalty range of $4,100 to $41,000. <br />8. 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 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 Operator shall cease and desist all activities on affected land outside of the <br />approved boundary until the corrective action outlined below is completed. <br />The Board imposes against the Operator the following corrective action: the Operator <br />shall submit a Technical Revision to its mining and reclamation plan to modify the permit to <br />incorporate the disturbed area. The Technical Revision shall be submitted by October 14, <br />2010 with all the materials in an approvable form by December 16, 2010. <br />The Board imposes a civil penalty for forty-one days of violation at $100 per day for <br />a total civil penalty of $4,100. All but $400 of the penalty is suspended if the Operator <br />complies with the corrective action in the time specified. The portion of the civil penalty not <br />suspended, $400, shall be due and payable within thirty days of this Order's signature date. <br />Carrizo Stone, LLC <br />Carrizo Stone South, M-2006-024 <br />MV-2010- 017