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4. On September 28, 2011, the Operator admitted the violation and <br />agreed to the Division's recommendations. <br />CONCLUSIONS OF LAW <br />5. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2010) ( "Act "). <br />6. The Operator affected approximately 1.13 acres of land outside of the <br />approved boundary and therefore failed to protect areas outside of the affected land <br />from slides or damages occurring during the mining and reclamation operation, <br />which is a violation of section 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 <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 against the Operator based on <br />48 days of violation (from the August 31, 2011 inspection to the December 7, 2011 <br />hearing) at $100 to $1,000 per day for a civil penalty of $4,800 to $48,000. <br />8. Pursuant to section 34- 32.5- 124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that any provision of the Act was violated. The <br />Operator violated section 34- 32.5- 116(4)(i), C.R.S. <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 of the affected land from slides or damages occurring during <br />the mining and reclamation operation. <br />The Operator shall CEASE AND DESIST all activities at the site until all <br />corrective actions ordered herein are completed. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall submit and receive Division approval of a conversion <br />application from the Division to increase the permit acreage to encompass the <br />current affected land. The conversion application must be submitted by February 9, <br />2012 with all materials filed in an approvable form by May 10, 2012. <br />The Board imposes a CIVIL PENALTY for 48 days of violation at $100 per <br />day for a total civil penalty of $4,800. All but $100 of the penalty is suspended if the <br />Operator complies with the corrective action in the time specified. The portion of <br />Baca County <br />M- 2003 -019 <br />MV- 2011 -026 <br />ORDER <br />2 <br />