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4. On July 8, 2011, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter which provided notice regarding the alleged violation and the <br />September 14, 2011 hearing. <br />5. The Operator affected 8,800 square feet of land outside of the approved <br />affected area boundary, and therefore failed to protect areas outside of the affected <br />land from slides or damages occurring during the mining and reclamation operation. <br />6. The Operator removed the rock fall material from the area outside of <br />the affected land By the date of the September 14, 2011 hearing. <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. Operators are required to protect areas outside the affected land <br />from slides or damage occurring during the mining operation and reclamation. <br />C.R.S. § 34- 32.5- 116(4)(i) (2010). The Operator affected 8,800 square feet of land <br />outside of the approved affected area boundary, in violation of section 34-32.5 - <br />116(4)(i), C.R.S. <br />9. 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 56 days of violation <br />(from the inspection to the hearing date) at $100 to $1,000 per day for a civil <br />penalty of $5,600 to $56,000. <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 Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall submit and receive approval from the Division of an <br />application to amend permit number M- 1976 -009HR to revise the mining and <br />reclamation plan, addressing stabilization of the quarry, add the affected acreage <br />under this violation to the affected area for the permit and provide a detailed <br />mining and reclamation plan that will meet the performance standards of the Act <br />and the Rules. The application amendment must be submitted to the Division by <br />October 31, 2011. <br />Schmidt Construction Company <br />Menzer Quarry, M- 1976 -009HR <br />MV- 2011 -025 2 <br />