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6. On November 1, 2012, the Division received a letter from Stonewall Springs <br />Quarry indicating that the Operator has permission to deposit the material at its current location <br />and that it might be used by both the landowner and the Operator for various projects. <br />7. On November 7, 2012, the Division mailed the July 27, 2012 inspection report to <br />the Operator. <br />8. On November 8, 2012, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. The Division's letter provided notice regarding the alleged violations and <br />information about the December 12, 2012 hearing. <br />9. On November 19, 2012, the Division received letters from both the Operator and <br />Stonewall Springs Quarry in response to the Division's November 8, 2012 letter. Both response <br />letters agree that Stonewall Springs Quarry requested that the material be placed in its current <br />location and that the Operator does not need the material for reclamation. Neither letter provides <br />any attempt to document ownership of the stockpiled material. <br />CONCLUSIONS OF LAW <br />10. 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 />11. Section 34- 32.5- 116(4)(i), C.R.S. states that "areas outside of the affected land <br />shall be protected from slides or damage occurring during the mining operation and reclamation." <br />The Operator deposited approximately 10.5 acres of material outside of the approved permit <br />boundary. Therefore, the Operator damaged land outside of the affected land in violation of <br />section 34- 32.5- 116(4)(i), C.R.S. <br />12. 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 mailing date of <br />the Reason to Believe a Violation Exists letter 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(4)(i),C.R.S. for failing to protect areas outside the <br />affected land from slides or damage occurring during the mining operation. <br />The Board imposes against the Operator the following CORRECTIVE ACTION: if the <br />Division does not, for any reason, approve the Stonewall Springs Application within 120 days of <br />the effective date of this Order, the Operator shall, within 180 days of the effective date of this <br />Order, submit a permit application to encompass the approximately 10.5 acres of topsoil <br />stockpile into an approved mine permit area. <br />Fremont Paving & RediMix, Inc. <br />Evans #2 Pit, M- 2000 -041 <br />MV- 2012 -035 <br />ORDER <br />2 <br />