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CONCLUSIONS OF LAW <br />7. 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 />8. An operator who mines substantial acreage beyond the approved permit <br />boundary may be found to be operating without a permit. C.R.S. § 34- 32.5 - 123(2) <br />(2013). Four acres of off -site affected lands constitutes a substantial area. <br />9. The Operator conducted a new mining operation on approximately four <br />acres of land beyond the area under permit number M -2009 -053 without first <br />obtaining a permit, in violation of section 34- 32.5 - 109(1), C.R.S. <br />10. Pursuant to section 34- 32.5 - 123(1), C.R.S., the Board may issue a cease <br />and desist order if it determines that an operator failed to obtain a permit before <br />operating. The Operator failed to obtain a permit before operating a mining <br />operation on approximately four acres of affected land beyond the permit area. <br />11. The Board may impose a civil penalty of not less than $1,000 per day nor <br />more than $5,000 per day for each day during which a violation occurs. C.R.S. § 34- <br />32.5- 123(2) (2013). The Board may impose a penalty against the Operator based on 48 <br />days of violation at $1,000 to $5,000 per day for a civil penalty of $48,000 to $240,000. <br />12. The Board may impose an additional civil penalty in an amount not less <br />than the amount necessary= to cover costs incurred by the Division in investigating <br />the alleged violations. C.R.S. § 34 -32.5- 123(4) (2013). The Board may assess an <br />additional civil penalty in the amount of $453.12 based on eight (8) hours of staff time <br />at $56.64 per hour. <br />ORDER. <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of section 34- 32.5 - 109(1), C.R.S. for failing to <br />obtain a reclamation permit prior to engaging in a new mining operation. <br />The Operator shall CEASE AND DESIST any further activities on the <br />unpermitted portions of the affected lands, except for those activities required to <br />prevent damage to off -site areas or to protect the public health and safety, until <br />the Operator complies with the corrective actions and the civil penalties imposed <br />by this Order. <br />The Operator shall, within ninety (90) days of the effective date of this Order, <br />file with the Division either: (1) an application to amend permit number M -2009- <br />Robins Construction, LLLP <br />M -2009 -053 <br />MV -2014 -008 2 <br />