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CONCLUSIONS OF LAW <br />11. 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. (2011) ( "Act "). <br />12. The Act states: "Every operator to whom a permit is issued pursuant <br />to this article shall perform the reclamation prescribed by the reclamation plan <br />adopted pursuant to this section." § 34.32.5 - 116(1), C.R.S. (2011). The Operator <br />stockpiled approximately 400,000 cubic yards of excavated shale on the site. This <br />activity was not prescribed in the approved reclamation plan. In addition, the <br />Operator constructed or allowed the construction of a municipal water treatment <br />facility within the permit area. This activity was not prescribed in the approved <br />reclamation plan. <br />13. Under section 34- 32.5- 116(4)(j), C.R.S. and Rule 3.1.6(3) of the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br />the Extraction of Construction Materials ( "Rule" or "Rules "), operators are <br />required to stabilize and protect all surface areas of the affected land to control <br />erosion. The Operator failed to protect or stabilize shale that was excavated and <br />stockpiled on the site without approval. <br />14. Section 34- 32.5- 116(4)(g), C.R.S. states: <br />Where it is necessary to remove overburden to mine the construction <br />material, topsoil shall be removed and segregated from other spoil. If <br />such topsoil is not replaced on a backfill area within a period of time short <br />enough to avoid deterioration of the topsoil, vegetative cover or other <br />means shall be employed so that such topsoil is preserved from wind and <br />water erosion, remains free from contamination, and is in a usable <br />condition for sustaining vegetation when restored during reclamation. <br />The Operator failed to salvage topsoil prior to stockpiling shale on the site. <br />15. Under section 34- 32.5 - 117(2), C.R.S., operators are required to provide <br />a performance warranty. By violating provisions of the Act, the Operator has failed <br />to comply with the terms of its signed performance warranty. <br />16. Pursuant to section 34 -32.5- 124(2), C.R.S., upon the Board's finding <br />that an operator violated or failed to comply with the conditions of an order, permit, <br />or regulation, the Board may issue a cease and desist order. <br />17. Section 34- 32.5- 124(7), C.R.S. provides for a civil penalty of not less than <br />$100 per day nor more than $1,000 per day for each day during which an operator <br />Asphalt Specialties Co., Inc. <br />M- 2004 -009 <br />MV -2012 -020 <br />3 <br />