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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. (2010) ("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." Here, the Operator affected land outside of the <br />approved permit boundary and constructed a haul road in an unapproved location. <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 51 days of violation (from the September 27, <br />2010 inspection date to the November 17, 2010 hearing date) at $100 to $1,000 per day for a <br />civil penalty of $5,100 to $51,000. <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 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 all lands outside of the approved <br />boundary until all corrective actions are completed. <br />The Board imposes against the Operator the following corrective action: the Operator <br />shall submit and receive approval of an Amendment or 112c Conversion application to <br />encompass the land affected outside of the current approved permit boundary. If the <br />Operator chooses to submit an Amendment to modify the permit boundary, it must also <br />submit and obtain approval of an Acreage Reduction for a portion of the current approved <br />permit area unaffected by the mining operation in order to apply that acreage to encompass <br />the land affected outside of the permit boundary. The Amendment or Conversion <br />Application shall be submitted by March 15, 2011, with all the materials in an approval form <br />by July 13, 2011. <br />The Board imposes a civil penalty for 51 days of violation at $100 per day for a total <br />civil penalty of $5,100. All but $100 of the penalty is suspended if the Operator complies <br />Elbert County <br />Belveal Gravel Pit, M-2001-056 <br />MV-2010-032 <br />2