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CONCLUSIONS OF LAW <br />5. 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 />6. 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 />7. The Operator damaged land outside the approved permit boundary. <br />The Operator failed to protect areas outside of the affected land from slides or <br />damage, in violation of section 34-32.5-116(4)(i), C.R.S. and Rule 3.1.5(3). <br />8. 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 58 days of violation <br />(from the November 16, 2010 inspection to the January 12, 2011 hearing date) at <br />$100 to $1,000 per day for a total civil penalty of $5,800 to $58,000. <br />9. 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 />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of section 34-32.5-116(4)(i),C.R.S. for failing <br />to protect areas outside the affected land from slides or damage occurring during <br />the mining operation and reclamation. <br />The Operator shall CEASE AND DESIST all activities on the unpermitted <br />portions of the site, except for those activities required to prevent damage to off-site <br />areas or to protect human health, property, or the environment until the Operator <br />complies with this Order. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall submit an Amendment Application to expand the <br />permitted area to include the entire disturbed area. The Amendment Application <br />shall be submitted within sixty (60) days of the signature date of this Order. <br />Further, the Operator shall submit all material in an approvable form within ninety <br />(90) days of the signature date of this Order. <br />Chester Barnard <br />Barnard Quarry, M-1996-079 <br />MV-2011-001 <br />2