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16. On July 17, 2014, the Division deemed the 110c application complete <br /> for review. <br /> CONCLUSIONS OF LAW <br /> 17. 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 /> 18. The Operator conducted a new mining operation without first obtaining <br /> a permit, in violation of section 34-32.5-109(1), C.R.S. <br /> 19. 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 or person conducting explorations <br /> failed to obtain a permit before beginning operations. The Operator failed to obtain <br /> a permit before conducting a mining operation. <br /> 20. 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 54 <br /> days of violation at $1,000 to $5,000 per day for a civil penalty of$54,000 to $270,000. <br /> 21. The Board may impose a civil penalty for the Division's costs for <br /> investigating the alleged violations. C.R.S. § 34-32.5-123(4) (2013). The Board may <br /> impose an additional civil penalty for 16 hours of investigation time at $56.64 per <br /> hour for a total of$906.24. <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 at the site, <br /> with the exception of Division-authorized reclamation and environmental <br /> maintenance activities, until all areas affected by the operation are included in a <br /> reclamation permit that has been issued by the Board or Division. <br /> The Operator shall complete the 110c application process and obtain a 110c <br /> permit within 90 days of the effective date of this Order. <br /> The Board imposes a CIVIL PENALTY for 54 days of violation at $1,000 per <br /> day for a civil penalty of$54,000. The Board imposes an additional civil penalty for <br /> the Division's investigation costs in the amount of$906.24 for a total civil penalty of <br /> Luke the Duke, LLC <br /> M-2013-036, Cross Creek Ranch <br /> MV-2014-023 3 <br />