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CONCLUSIONS OF LAW <br />5. 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. (2013). <br />6. The Operator engaged in a mining operation without first obtaining a <br />reclamation permit, in violation of section 34- 32.5 - 109(1), C.R.S. <br />7. Pursuant to section 34 -32.5- 123(2), C.R.S., the Board may impose a <br />civil penalty of not less than $1,000 per day nor more than $5,000 per day for each <br />day during which the violation occurs. The Board may impose a civil penalty <br />against the Operator based on sixty -two (62) days of violation (from the July 19, <br />2013 to the September 18, 2013 Board meeting). <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds The Walsenburg Sand and Gravel Company in violation of section 34- <br />32.5- 109(1),C.R.S, for failing to obtain a reclamation permit prior to engaging in a <br />new mining operation. <br />The Board imposes the following CORRECTIVE ACTION against the <br />Operator: the Operator shall submit to the Board or Division a conversion <br />application for a 112 reclamation permit, with all materials in approvable form <br />within sixty (60) days of the effective date of this Order. <br />The Board imposes a CIVIL PENALTY of $62,000 pursuant to section 34- <br />32.5- 123(2), C.R.S. All but $500 of the civil penalty is suspended if the Operator <br />complies with the corrective action in the time specified. The portion of the civil <br />penalty not suspended, $500, shall be due and payable within thirty (30) days of the <br />effective date of this Order. Failure to submit the unsuspended portion of the civil <br />penalty by the date specified above shall result in immediate submittal of such <br />penalties to state collections. <br />DONE AND ORDERED this '` <br />day of r "mil ,�str -- 2013. <br />FOR THE COLORADO XIINED LAND <br />RECLAMATION BOARD <br />1r <br />L I't 1 WI :Lam" <br />Thomas E. Brubaker, Chair <br />The Walsenburg Sand and Gravel Company <br />M- 2009 -027 <br />MV- 2013027 <br />N <br />