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5. The Operator affected 2.3 acres of land outside of the approved <br />boundary, and therefore failed to protect areas outside of the affected land from <br />slides or damages occurring during the mining and reclamation operation. <br />CONCLUSIONS OF LAW <br />6. 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 />7. The Operator affected 2.3 acres of land outside of the approved <br />boundary, and therefore failed to protect areas outside of the affected land from <br />slides or- damages occurring during the mining and reclamation operation, which is <br />a violation of section 34 32.5 116(4)(i), C.R.S. <br />S. 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 a <br />violation occurs. The Board may impose a penalty based on 62 days of violation <br />(from the December 9, 2010 inspection to the February 9, 2011 hearing) at $100 to <br />$1,000 per day for a civil penalty of $6,200 to $62,000. <br />9. Pursuant to section 34- 32.5- 124(2),,C.R.S., the Board may issue a <br />Cease and Desist Order if it determines that any provision of Article 32.5 of the Act <br />was violated. <br />ORDER <br />The Board finds the Operator in violation of section 34- 32.5- 116(4)(i), C.R.S., <br />for failing to protect areas outside of the affected land from slides or damages <br />occurring during the mining operation. <br />The Operator shall CEASE AND DESIST activities on all lands outside of the <br />approved boundary until all corrective actions are completed. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: The Operator shall complete one of the following corrective actions <br />within the specified time period for each option: <br />A. Submit and receive approval from the Division of a conversion <br />application to increase the permit acreage to encompass the current <br />affected land. If this option is chosen, the conversion application <br />must be submitted by May 12, 2011 and in approvable form by <br />August 11, 2011. <br />MS Forest, LLC <br />Feister Pit #1, M- 2006 -010 <br />MV- 2011 -003 <br />2 <br />