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5. The Operator disturbed 1.9 acres of land outside of the approved <br />permit 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 />6. On October 12, 2011, the Board held a hearing to consider alleged <br />violations by the Operator for affecting land outside the approved affected area <br />boundary. The Board issued an order, effective December 9, 2011 finding the <br />Operator in violation of section 34- 32.5- 116(4)(i), C.R.S. ( "December 2011 Order ") <br />The Board ordered the Operator to complete corrective action by providing all <br />materials necessary for a 112c conversion application to secure a reclamation <br />permit for all areas affected by the mining operation within 60 days. The Board <br />also imposes a civil penalty of $4,200 with all but $200 of the penalty is suspended <br />if the Operator timely complied with the corrective action. <br />7. The Division received payment of the unsuspended portion of the civil <br />penalty imposed, $200, on January 8, 2012. <br />8. The Operator failed to complete the corrective action ordered in the <br />December 2011 Order. <br />9. On February 14, 2012, the Division issued a Reason to Believe a <br />Violation Exists letter to the Operator informing it of a possible violation for failure <br />to comply with the conditions of a Board order and failure to cure a default under a <br />performance warranty. The letter also provided information about the April 2012 <br />hearing. <br />1. 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 />2. Pursuant to section 34- 32.5 -124, C.R.S., the Board may find a violation <br />and impose a penalty when it finds that an operator has failed to comply with the <br />conditions of an order, permit, or regulation. The Operator failed to complete the <br />corrective action ordered in December 2011 Order. Therefore, the suspended <br />amount of the civil penalty, $4,000 is due. <br />3. Under section 34- 32.5- 118(1)(b), C.R.S. a financial warranty shall be <br />subject to forfeiture whenever an operator fails to cure a default under a <br />performance warranty. The Operator received written notice of his default under a <br />performance warranty and failed to cure the default despite ample time to do so. <br />Ignacio Vasquez, Sr. <br />Perdue Site, M - 2000 - 089 <br />MV 2012 - 016 <br />CONCLUSIONS OF LAW <br />2 <br />