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6. On December 10, 2012. the Operator submitted a Technical Revision to <br />incorporate the additional 35 -acre disturbance, change to the mining plan, reclamation plan, and <br />revise the reclamation cost estimate. <br />7. The Board has jurisdiction over this matter pursuant to the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. <br />(2011) ( "Act "). <br />8. Section 34- 32.5 - 116(1), C.R.S. requires every permitted operator to perform the <br />reclamation prescribed by the reclamation plan. The Operator increased the affected area by <br />approximately 35 acres beyond the area allowed under the permit and failed to revise the permit <br />to allow the increase in the size of the area to be unreclaimed. as required by section 34-32.5 - <br />112(1)(c)(VII), C.R.S. The Operator failed to perform reclamation prescribed by the <br />reclamation plan for permit number M- 200 -041, in violation of section 34- 32.5 - 116(1), C.R.S. <br />9. Under section 34- 32.5- 117(4)(b)(I), C.R.S., every operator must maintain a <br />financial warranty sufficient to assure completion of reclamation of affected lands. The current <br />financial warranty for permit number M- 200 -041 is insufficient to assure reclamation of the <br />current affected area of approximately 115 acres. The Operator failed to maintain a sufficient <br />financial warranty in violation of section 34- 32.5- 117(4)(b)(I), C.R.S. <br />10. The Board may impose a civil penalty of not less than $100 per day nor more than <br />$1,000 per day for each day during which a violation occurs. C.R.S. § 34- 32.5- 124(7) (2012). <br />Here, the Board may impose a penalty based on 34 days of violation (from the date the Reason <br />to Believe a Violation Exists letter was mailed to the December 12, 2012 hearing) at $100 to <br />$1,000 per day for a civil penalty of $3,400 to $34,000. <br />Based on the foregoing findings of fact and conclusions of law, the Board finds the <br />Operator in violation of section 34- 32.5 - 116(1), C.R.S. for failing to perform reclamation <br />prescribed by the reclamation plan for permit number M- 200 -041. <br />Based on the foregoing findings of fact and conclusions of law, the Board finds the <br />Operator in violation of section 34- 32.5- 117(4)(b)(1), C.R.S. for failing to maintain a sufficient <br />financial warranty. <br />The Board imposes against the Operator the following CORRECTIVE ACTION: the <br />Operator shall, by January 7, 2013, obtain approval of a Technical Revision to incorporate the <br />additional 35-acre disturbance, changes to the mining plan, reclamation plan, and revised <br />reclamation cost estimate. <br />Fremont Paving & RediMix, Inc. <br />Evans #2 Pit, M- 2000 -041 <br />MV- 2012 -033 <br />CONCLUSIONS OF LAW <br />ORDER <br />2 <br />