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CONCLUSIONS OF LAW <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 />(2012) ( "Act "). <br />8. 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 <br />reclamation." The Operator disturbed land outside of the approved permit boundary. Therefore, <br />the Operator has damaged land outside of the affected land in violation of section 34-32.5 - <br />116(4)(i), C.R.S. <br />9. The Board may issue a cease and desist order if it determines that any provision <br />of the Act was violated. C.R.S. § 34- 32.5- 124(2) (2012). The Operator violated section 34- <br />32.5-116(4)(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 39 days of violation (from the November 29, <br />2012 notice of violation to the January 9, 2013 hearing) at $100 to $1,000 per day for a civil <br />penalty of $3,900 to $39,000. <br />ORDER <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 Operator shall CEASE AND DESIST all activities on all lands outside the approved <br />permit boundary until all corrective actions are completed. <br />The Board imposes against the Operator the following CORRECTIVE ACTION: the <br />Operator shall submit an Amendment Application to modify the permit and affected area to <br />incorporate the entire disturbed area; the Amendment Application shall be submitted within <br />thirty (30) days of the effective date of this Order with all the material in an approvable form <br />within one hundred twenty (120) days of the effective date of this Order unless extended by the <br />Division.. <br />The Board imposes a CIVIL PENALTY for 39 days of violation at $100 per day for a <br />total civil penalty of $3,900. All but $500 of the penalty is suspended if the Operator complies <br />with the corrective actions in the time specified. The portion of the civil penalty not suspended, <br />$500, shall be due and payable within thirty (30) days of the effective date of this Order. <br />DONE AND ORDERED this 1 I day of 30- (.4.A,r 2013. <br />Sanborn Sand and Gravel, d/b /a Golden Cross Aggregate <br />Gloria Z. Mine, M -1984 -094 <br />MV -2013 -002 <br />2 <br />