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CONCLUSIONS OF LAW <br /> G. 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 /> 7. 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). Two acres of off-site affected lands constitutes a substantial area. <br /> 8. The Operator conducted a new mining operation on more than two acre: <br /> of land beyond the area under permit number 'M-1989-095 without first obtaining a <br /> permit, in violation of section 34-32.5-109(1), C.R.S. <br /> 9. 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 51 <br /> days of violation (from the inspection date to the June 18, 2014 Board hearing) at <br /> $1,000 to $5.000 per day for a civil penalty of$51,000 to $255,000. <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, within one hundred twenty (120) days of the effective <br /> date of this Order, file with the Division an application, with all materials in an <br /> approvable form, to convert the existing 110c permit to a 112c operation. <br /> The Board imposes a CIVIL PEN.kLTI for 51 days of violation at $1,000 per <br /> day for a total civil penalty of$51,000. :)dl but $500 of the civil penalty is <br /> suspended if the Operator complies with the corrective action in the time specified. <br /> The portion of the civil penalty not suspended, $500, shall be due and payable <br /> within thirty (30) days of the effective date of this Order. Failure to submit the <br /> unsuspended portion of the civil penalty by the date specified above shall result in <br /> immediate submittal of such penalties to State collections. <br /> DONE AND ORDERED this day of _ �__f1 2014. <br /> Phillips County <br /> M-1989-095 <br /> MV-2014-013 } <br />