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4. On November 4, 2010, the Division sent the Operator a Reason to <br />Believe a Violation Exists letter. The Division's letter provided notice regarding the <br />alleged violations and information about the December 15, 2010 Hearing. <br />5. On November 23, 2010 the Operator admitted the violation and agreed <br />to the Division's recommendations. <br />6. The Division notes that the Operator has already corrected the issue <br />by moving the berm material back within the permit area. The material footprint <br />was within the right-of-way of an existing dirt road, but outside the permit <br />boundary. Damage was limited to the loss of use of part of the road, and no <br />additional reclamation is required. No further corrective actions are required. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5-104 through -107, and -124 of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2010) ("Act") <br />8. Section 34-32.5-116(4)(1), C.R.S., states that "areas outside of the <br />affected land shall be protected from slides or damage occurring during the mining <br />operation and reclamation." Rule 3.1.5(3) of the Mineral Rules and Regulations of <br />the Colorado Mined Land Reclamation Board for the Extraction of Construction <br />Materials ("Rules") also requires an operator to protect areas outside of the affected <br />land from slides and other damage. <br />9. The Operator established a safety berm that extended beyond the <br />approved permit boundary onto a pre-existing road. Therefore, the Operator <br />damaged land outside of the affected land. The Operator failed to protect areas <br />outside of the affected land from slides or damage, in violation of section 34-32.5- <br />116(4)(i), C.R.S. and Rule 3.1.5(3). <br />10. Section 34-32.5-124(7), C.R.S., provides for a civil penalty of not less <br />than $100 per day nor more than $1,000 per day for each day during which the <br />violation occurs. The Board may impose a penalty based on 40 days of violation <br />(from the date of the Reason to Believe letter to the December 15, 2010 hearing <br />date) at $100 to $1,000 per day for a total civil penalty of $4,000 to $40,000. <br />11. Pursuant to section 34-32.5-124(2), C.R.S., the Board may also issue a <br />cease and desist order if it determines that the Operator violated any provision of <br />the Act. <br />United/Oldcastle SW Group <br />Norwood Pit, M-1988-037 <br />MV-2010-037 <br />2